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HomeMy WebLinkAboutMinutes 1981-1984 pt. 4226 In the Council Chambers of the City of San Rafael, Monday, February 7, 1983, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney ORAL COMMUNICATIONS OF AN URGENCY NATURE I Heliport Project - File 211 Mayor Mulryan introduced Ken Chase, president of Spirit Airways, a helicopter firm hoping to locate at the south end of East Francisco Boulevard near Piombo Circle. Mr. Chase asked the Council's support of his proposed project, which he stated would have insignificant impact on the community if located where he is recommending, and would be of tremendous benefit in reducing travel time to and from San Francisco International Airport. II Community Block Grant Fund Request - File 147 Ailene Taylor of the San Rafael Housing Corporation addressed the Council, asking City support for a Community Block Grant Fund request regarding the City/San Rafael Sanitation District properties at Bellam Boulevard for affordable housing. Mayor Mulryan informed the Council that the Sanitation District already has an appraisal on the property. Councilmember Breiner moved and Councilmember Miskimen seconded, to direct staff to explore the possibility of applying for Community Block Grant Funds for a feasibility study which would analyze the possibility of family housing on the Bellam site owned by the City and by the Sanitation District. I AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CONSENT CALENDAR Frugoli, Jensen, Miskimen & Mayor Mulryan Councilmember Jensen moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Special Joint Meeting of January 12, and Regular Meeting of January 17, 1983 (CC) 2. Change in Meeting Date Due to Holiday - Washington's Birthday (CC) - File 9-1 3. Approval of Parcel Map - Lands of Marin Yacht Club (PW) - File 5-1-251 5. Approval of Memorandum of Understanding - Terra Linda Orca Swim Club (Rec) - File 4-10-172 6. Approval of Joint Powers Agreement with Dixie School District re Usage of District Facilities (Rec) - File 4-7-3 7. Approval of Proposed State Transportation Improvement Program Project (PW) - File 11-15-1 8. Request for Authorization to Call for Bids for Generators for the Fire Department (GS) - File 4-2-174 Recommended Action Approved as submitted. Set meeting for Tuesday, February 22, 1983, at 8:00 PM. RESOLUTION NO. 6480 - APPROVING PARCEL MAP FOR LANDS OF MARIN YACHT CLUB (Pt. San Pedro Rd. West of Summit Ave.) RESOLUTION NO. 6482 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Terra Linda Orca Swim Club - MOU) RESOLUTION NO. 6483 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Dixie School District - JPA re Usage of District Facilities for Community Recreation) RESOLUTION NO. 6484 - APPROVING THE 1983/84 TO 1988/89 MAJOR NON - INTERSTATE PROJECTS IN MARIN COUNTY AS RECOMMENDED BY THE MARIN COUNTY URBAN SYSTEM COMMITTEE Authorized staff to call for bids for 9 emergency generators and report back to Council for approval of award. 9. Council Approval of Lot Line Adjustment Involving Open Space in Smith Ranch Master Plan (P1) - File 5-1-239 11. Claims for Damages: a. Rene Roman Zagorianos (PD) - File 3-1-659 b. Allan K. Whitecar (PW) - File 3-1-737 c. Mr. & Mrs. Jack Guenza (PW) - File 3-1-740 d. Mr. & Mrs. John Miller (PW) - File 3-1-741 e. Mr. & Mrs. Ernest Beckstrom (PW) - File 3-1-742 f. James & Renate Pilgrim (PW) - File 3-1-743 g. Florence H. Florke (PW) - File 3-1-744 h. Russell H. Hansen (PW) - File 3-1-745 i. Dominic & Marlene Spinetta (PW) - File 3-1-746 j. Jeanne Zazzi (PD) - File 3-1-748 12. Report on Bid Opening/Award of Contract - Storm Drain Replacement Project (Irwin St. & Hillview Ave. (PW) - File 4-1-332 13. Report on Bid Opening/Award of Con tract - Storm Drain Replacement Project (Irwin St. & Lovell Ave. (PW) - File 4-1-331 22'7 RESOLUTION NO. 6485 - APPROVING PARCEL MAP TO ADJUST THE CONFIG- URATION OF OPEN SPACE PARCEL C OF SMITH RANCH Approved R. L. Kautz & Co. recom- mendations for denial of claims. RESOLUTION NO. 6486 - AWARD OF CONTRACT (To W. R. Forde Con- struction Co., low bidder @ $14,375) RESOLUTION NO. 6487 - AWARD OF CONTRACT (To Maggiora & Ghilotti Inc., low bidder @ $59,108) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Frugoli (Only with regard to approval of minutes of January 12, 1983 meeting) 4. ADOPTION OF RESOLUTION ACCEPTING GRANT OF DRAINAGE EASEMENT ADJACENT TO BAY WAY (PW) - V:ilP 9-6-7 Councilmember Breiner inquired if the construction of the drainage facility has been con- structed properly so the City would not have a problem with it in the future. Public Works Director Bernardi informed the Council that the improvement was made to City specifications. RESOLUTION NO. 6481 - ACCEPTING GRANT OF STORM DRAINAGE EASEMENT ADJACENT TO BAY WAY AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. REPORT ON FLOOD DAMAGE (CM) - File 205 Council reviewed a report by Assistant City Manager Nicolai regarding the preliminary estimates of damage caused by the storms during the last week of January. Councilmember Breiner asked about responsibility for private levees, two of which broke during the storm, causing flooding. City Manager Beyer reported that City crews had repaired the levees in this case, and the property owners will be billed. Mayor Mulryan stated that later on the agenda the Council will be discussing the Storm Drainage Master Plan, and can discuss the subject more deeply at that time. Councilmember Breiner moved and Councilmember Frugoli seconded, to accept the report. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 228 14. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION; NOTICE OF VIOLATION OF TWO ILLEGALLY SUBDIVIDED PARCELS; s81-42; 38 9 FERNWOOD WAY; FRED GRANGE, OWNER; AP 185_-_0T1_-18& I- f i i e 5-1-2/2 Mayor Mulryan declared the public hearing opened. City Attorney Duggan asked that Councilmember Frugoli step down and not participate in the public hearing, due to the fact that the owner of the property in question had donated $500 toward Mr. Frugoli's campaign in the last election. Mr. Frugoli responded that since the State Attorney General had ruled that it would be proper for him to participate in the hearing, he will vote. Planning Director Moore called the Council's attention to a letter dated February 3, 1983, from attorney Gary Ragghianti , stating that he is now representing Mr. Grange in this mater but that he will be out of state at the time of this hearing, and that attorney Arthur W. Lusse will appear in his stead. Mr. Ragghianti's letter contended that Mr. Grange had neither actual nor constructive knowledge of the illegality in the creation of the subject parcels. City Attorney Duggan stated that he feels Mr. Grange had, at least, constructive knowledge that the subject property was illegally carved out of a portion of a previously recorded legal sub- division. Attorney Arthur W. Lusse addressed the Council, stated that the copy of the plat map at the County has nothing on it to show that the lots are illegal, and added that Mr. Grange acquired the lots at an auction where there was the usual bidding and Mr. Grange happened to get the bid. The bid was for $400 for each of the two lots. Fred Grange then informed the Council that he acquired other properties at the auction in question, which was in February 1973, the other property being in Forest Knolls. He added that the map which was at the auction indicated that the lots were the same size as other lots in the vicinity. He feels that the nearby lots which are already developed are illegal, if it is determined that his lots are. Joyce Phoenix of 20 Fernwood Way, C. Roy Hodgen of 34 Fernwood Way, and Terry Lofrano of 35 Fernwood Way, all expressed their concerns regarding the inadvisability of building on these lots, and urged the Council to issue the Notice of Violation. Public Works Director Bernardi stated that the lots, in their present configuration, were never approved, having been changed from the original 1955 subdivision map which was approved. There being no further comment, the hearing was closed. Councilmember Frugoli questioned Planning Director Moore regarding the possibility of Mr. Grange purchasing adjacent property to make the lots buildable, and Mrs. Moore replied that the Thomas Estate owns the land immediately adjacent, and this is a possibility. Councilmember Breiner moved and Councilmember Frugoli seconded, to uphold the Planning Commis- sion decision and issue a Notice of Violation on Two Illegally Subdivided Parcels at 38/39 Fernwood Way. AYES: COUNCILMEMBERS: Breiner & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli, Jensen & Miskimen ABSENT: COUNCILMEMBERS: None The motion died. Council then discussed Alternative 2 in the Planning staff report, which was for the City to agree to allow development of the properties if the property owner acquires additional lot area necessary to make the lots conform to existing code requirements. A conditional Certificate of Compliance would recognize that the property was not properly subdivided and would establish minimum lot size and shape which must be met prior to issuance of any building permits. Assistant City Attorney Andrew recommended to the Council that they send the matter back to the Planning Commission with regard to criteria under which the lots would become legal. After discussion Mayor Mulryan moved and Councilmember Breiner seconded, to refer the matter back to staff and to the Planning Commission for establishment of appropriate criteria under which the lots in question would be acceptable to the City. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION RE DENIAL OF VARIANCE V82-16, REQUEST TO RECONSTRUCT GENERAL ADVERTISING BILLBOARD ON HIGHWAYAT SOUTH CITY LIMITS; FOSTER KLEISER, A METROMEDIA CO., REP. P - File -3-3 Mayor Mulryan opened the public hearing and continued it to the meeting of February 22, 1983, at request of staff, and concurred in by the appellant. 229 16. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 2 BAYVIEW STREET (MUFFIN MANIA) PW -Fie -- Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi recommended to the Council that, sitting as the Board of Ap- peals, they determine that in this particular case a provision of handicapped access presents an unreasonable burden. The remodeling of the storefront into a bakery amounts to an estimated $6,000, whereas access requirements would require that the toilet room be enlarged and a ramp installed for entry into the building, which is estimated to cost $4,500. There being no public input the hearing was closed. Councilmember Jensen moved and Councilmember Frugoli seconded, to approve staff recommenda- tion, and direct staff to prepare an appropriate resolution with findings to be presented for adoption at the February 22nd meeting. AYES: COUNCILMEMBERS: Brei ner, Frugoli, Jensen, Mi skimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. PUBLIC HEARING - Z82-9 - ZONE DISTRICT CHANGE FROM P -C (PLANNED COMMUNITY) TO P -D (PLANNED RESIDENTIALDEVELOPMENT) FOR 25 LOT SINGLE FAMEY ; SAN RAFAEL SCHOOL DISTRICT, OWNER; WILLIAM B E SER & LYNN SEDWA , REPRESENTATIVE; AP 183-132-04 P - File 0-1 Mayor Mulryan declared the public hearing opened. There being no public input the hearing was closed. Councilmember Frugoli moved and Councilmember Miskimen seconded, to certify the EIR. AYES: COUNCILMEMBERS: Brei ner, Frugoli, Jensen, Mi skimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from P -C (Planned Community) to P -D (Planned Development) District (Riviera & Biscayne Drives), and numbering Charter Ordinance No. 1447, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Brei ner, Frugoli, Jensen, Mi skimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. PUBLIC HEARING - REZONING AND PREZONING FOR OFFICE/RESTAURANT/HOTEL/RESIDENTIAL COMPLEX CIVIC CENTER NORTH; CIVIC CENTER DRIVE; FIRST NATIONAL STATE BA OF NEW JERSEY, OWNER; DAN COLEMAN WIGHT WINTHER, REPRESENTATIVE; AP 179-270-09 180-12 Ptn. 155-230-06 & 0 P - File 0-1 Mayor Mulryan declared the public hearing opened. Planning Director Anne Moore briefed the Council regarding the proposed development of a 90 acre parcel just north of the Marin County Civic Center. The application proposed a 7,500 square foot restaurant, a 200 unit motel, a 110,000 square foot office building, 175 low density single family attached residential units, and 125 medium density condominiums. Ms. Moore reported that the issue before the Council at this hearing is the rezoning and prezoning, and that the development standards would come later. One item for consideration is the fact that the County has suggested that the property be included in Flood Control District 7, which is responsible for maintenance of levees, pump stations and storm drains in the Santa Venetia area. This District is not responsible for maintenance of the Las Gallinas Creek channel adjacent to or downstream from the project site. The proposed annexation would result in over $20,000 tax loss to the City. The subject of maintenance has not been settled, with the County's proposal indicating that the City should perform the maintenance on the City portion. Mayor Mulryan indicated that, in addition to the question of the Flood Control District, there was also a question about the County wanting higher elevations than the City standards, and also questions about the light and air easement. Supervisor Roumiguiere addressed the Council, with the suggestion that since there are a few concerns he would like to have another meeting, this one to include City and County staff and the public, before the matter goes back to the Board of Supervisors again. Council then heard from several residents of Santa Venetia and Northbridge, expressing concerns regarding the sewer and flood situations, as well as the traffic generation. 230 Attorney Albert Bianchi agreed that the concerns are legitimate, and promised to work with the City and County to alleviate the problems. There being no further public input, the public portion of the hearing was closed, and the public hearing continued to February 22, 1983. After discussion, it was agreed that a public meeting will be held in the San Rafael City Hall Council Chambers commencing at 2:00 PM on Wednesday, February 16, 1983, which hopefully will run to 4:00 PM. Dwight Winther was asked to provide a simple elevation plan for the February 22, 1983 public hearing, to illustrate the elevations from the frontage road, and also indicating bulk of the buildings. (Councilmembers Breiner & Jensen left meeting) 19. PUBLIC HEARING - ABANDONMENT OF SLOPE AND DRAINAGE EASEMENT (GRANGE PROPERTY) (PW) - File 2-12 Mayor Mulryan declared the public hearing opened. There being no public input the hearing was closed. Public Works Director Bernardi briefed the Council regarding this small slope and drainage easement in East San Rafael, on property owned by Fred Grange, who has requested its abandon- ment. Because of subsequent drainage improvements in the area, the easement is no longer of value or use to the City, and staff is recommending that it be abandoned. RESOLUTION NO. 6488 - ORDERING CLOSING, ABANDONING AND VACATING SLOPE AND DRAINAGE EASEMENT IN EAST SAN RAFAEL (GRANGE PROPERTY) AYES: COUNCILMEMBERS: Frugoli Mi skimen & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Jensen (Councilmembers Breiner & Jensen returned) (Councilmember Frugoli left) 20. REPORT RE HERRING BOATS IN SAN RAFAEL CANAL (CA) - File 9-3-30 Assistant City Attorney Andrew informed the Council that a Temporary Restraining Order had been considered, regarding the problem with the herring boats creating a traffic problem in the San Rafael Canal and accelerated silting as a result of corrosion of the Canal banks. However, since citizen complaints have not yet been substantiated by staff a Temporary Restraining Order is not considered appropriate at this time. The Police Department has increased their patrols in the Canal area in an attempt to determine if, in fact, speeding is taking place on the Canal. A number of actions were proposed to be taken by staff, to obtain a long term solution to the problem. They are: 1) To obtain compliance by the marina operators involved with the pre- viously issued Zoning Use Permit and, if not, Planning Commission consider revocation of their Permit; 2) Review by Finance Department in conjunction with other departments, the possibility of enacting a transient commercial fishing boat operator license fee to allow the City to recover a portion of the costs of the occasional use by fishermen; 3) Review by Police and Planning departments of the situation, and the possibility of enacting an ordinance regulating the waterborne traffic in the Canal; and 4) Review by the Planning Department and City Attor- ney's Office of enforcement provisions in the zoning ordinance, more particularly the Zoning Use Permit provisions for possible revision to allow for a more timely enforcement mechanism than the permit revocation process. Councilmember Miskimen moved and Councilmember Jensen seconded, to approve the staff recom- mendation that they obtain a long term solution to the problem by the steps they outlined. AYES: COUNCILMEMBERS: Breiner, Jensen, Mi skimen & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli (Councilmember Frugoli returned) 21. REPORT RE PROPOSALS ON 1983/84 BUDGET PROCESS (CM) - File 8-5 City Manager Beyer gave the Council a brief overview regarding balancing of the 1982/83 budget and the proposed 1983/84 budget. He then recommended that the Council meet with staff for discussion of program priorities as the first step in the 1983/84 budget development. Mr. Beyer recommended two meetings; however, the Council agreed that they would schedule only one meeting at this time and that it would be held on Wednesday, March 2, 1983, from 4:00 to 6:00 PM. Councilmember Breiner suggested that the public be notified of the budget workshops so they may attend and participate. 231 22. COMMUNICATION FROM HOMEOWNERS ON LAS OVEJAS AVENUE RE KEEPING SHEEP GRAZING ON OPEN SPACE LAND File - - Mayor Mulryan informed the Council that he had this item placed on the agenda because he had received a letter from residents on Las Ovejas Avenue in Terra Linda requesting that the sheep grazing program be extended to their area. This area was eliminated from the program a year ago due to objections by two homeowners on Butternut Drive. Public Works Director Bernardi stated that the City relies on the County Agriculture Department for their advise regarding erosion, which is the concern of the residents at 837 and 838 Butternut Drive. Wendy Johnson of 838 Butternut Drive addressed the Council, stating that the erosion problem is her only objection to the sheep grazing program, because the slope at the rear of her property is steep and if the grass is cropped as closely as the sheep leave it the runoff will damage her property. After discussion Councilmember Jensen moved and Councilmember Frugoli seconded, to direct Public Works staff to include the proposed area in the sheep grazing program, with fencing at the rear of 837 and 838 Butternut Drive to protect the property. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 123. REVIEW OF STORM DRAINAGE MASTER PLAN (PW) - File 12-9 (SRRA R-54) Public Works Director Bernardi reported to the Council, in response to a request from Mayor Mulryan and Councilmember Frugoli, regarding the Storm Drainage Master Plan which was presented to the Redevelopment Agency by Dominic Selmi of the firm of Coleman, Selmi & Wright, in January of 1980. The report analyzed in detail various sections of the drainage system in the San Rafael Basin, and reviewed the work necessary to prevent flooding along San Rafael Creek and presented a number of alternatives to correct the various problems which the study identified. The other area analyzed was the storm water pump stations and those areas adjacent to the San Rafael Canal. It was noted in the report that there were deficiencies in the levee system along the San Rafael Canal, and certain key pump stations were identified for the requirement of standby generator power. Deficiencies in the existing storm drain system were identified �~ and alternative solutions were presented. Councilmember Frugoli recommended that the Council consider Mr. Selmi's suggestions and, what can be done dollar -wise. He mentioned the possibility of an assessment district. Mayor Mulryan agreed that the Council should take a close look at the costs, which have escalated since 1980, and explore methods of funding. Irving Litchfield addressed the Council, with regard to the flooding on Francisco Boulevard in the vicinity of Bermuda Palms, and reviewed the history of the area. He recommended a bridge across the Canal, from Bellam Boulevard to the Peacock Gap area. After discussion, staff was asked to explore the possibility of locks across the Canal, and an alternate route to Francisco Boulevard, possibly along the waterfront. Costs of the Selmi report are to be brought up to date, and methods of funding recommended, for the overall drainage problem. 24. ADOPTION OF FEDERAL AIDE URBAN PROGRAM (PW) - File 4-10-66 x 11-15-1 Council discussed the staff report, which indicated that three projects from City of Novato received the highest ratings, the City of San Rafael received the fourth rating for the Merry - dale Overcrossing, and City of Mill Valley received the lowest rating. Public Works Director Bernardi informed the Council that each year those projects approved for funding are again evaluated based on the "state of readiness" for each project. If San Rafael can have plans and specifications completed within the next year for the Merrydale Overcrossing and the remaining funding secured from the properties, the City can claim the FAU monies ahead of the 1985 target date set for disbursal of the funds. Staff can bring a request for author- ization to seek proposals for the preparation of plans and specifications for this project to the February 22nd Council meeting if the Council so desires, in order to meet the accelerated schedule. RESOLUTION NO. 6489 - APPROVING THE 1983/84 FIVE-YEAR FEDERAL AID -URBAN PROGRAM AS RECOMMENDED BY THE MARIN COUNTY URBAN SYSTEM COMMITTEE AYES: COUNCILMEMBERS: Brei ner, Frugoli, Jensen, Mi skimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Council agreed that staff should proceed with the accelerated schedule as recommended. 232 25. ANNUAL HOUSING REPORT (P1) - File 9-2-33 x 115 Planning Director Moore informed the Council that this report is an update of the Housing Element which was adopted September 15, 1981. The City has a very good record in meeting rental assistance program targets, maintaining the existing rental housing stock, resale inspections, rapid processing of development applications, and in encouraging development of new subsidized housing construction. As evidence of this the City Council and the Planning Commission/staff will be receiving an award from the County Committee on Affordable Housing for expeditious processing of 626 Del Ganado, Rotary Manor and San Rafael Commons, as well as the City's land assembly efforts for the latter two projects. Report was accepted with appreci- ation to the Planning Department and Commission. 26. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Council accepted the report, and approved the staff recommendation that appropriate senators be contacted expressing opposition to SB 142 which would preempt City control over removal of nonconforming on -premise advertising signs. ADD ITEM Quail Hill - File 9-1 Councilmember Breiner reported that the Quail Hill senior housing project must be carefully watched so that the complex will remain on the tax rolls. City Manager Beyer reported that he is following up on this phase of the project. ADJOURNMENT - File 109 Mayor Mulryan adjourned the meeting in memory of Alphonse Roumiguiere, father of Marin County Supervisor Bob Roumiguiere, who had long been a civic leader in the community; and also in memory of Carl Couch, Superintendent of the San Rafael School District. CLOSED SESSION Council adjourned following claims: 3-1-732. to Closed Session, then reconvened in public to authorize settlement of the 1) Jini Lama, File 3-1-731 and Hollie Vanessa Lama & James Moreno, File ANNE M. EONCINI, City Clerk' APPROVED THIS % 7W, DAY OF A,,,t , 1983 MAYOR OF THE CITY OF �AN RAFAEL *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Tuesday, February 22, 1983, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item 1. Request for Authorization to Call for Bids for Automated Fuel Dispensing Machine (GS) - File 4-2-175 Recommended Action Approved. Staff to report back for approval of award. Machine required for gas pumps at Corporation Yard. 3. Request for Authorization to Call for Bids - Andersen Drive Extension (PW) - File 4-1-333 x R-203 5. Report on Neighborhood 13 Citizens Action Program for Traffic Safety (PW) - File 178 x 11-12 6. Status Report re Recent Contributions to Library (Lib) - File 9-3-61 7. Resolution of Appreciation to Vivian Byers (Fin) - File 102 8. Expiration of Term of Fire Commissioner Leonard Fisher (CC) - File 9-2-5 233 Approved. After bid opening, low bid amount to be discussed with the various sanitation agencies in order to secure necessary funding. Project to be adver- tised March 1, bid opening March 30th, with construction to begin in mid-June if funding is secured. Accepted report. Accepted report re contributions, in- cluding volunteer labor. RESOLUTION NO. 6490 - RESOLUTION OF APPRECIATION TO VIVIAN BYERS, FINANCE DEPARTMENT, AFTER 16 YEARS' SERVICE Set interview for Monday, March 7, 1983, at 7:15 PM. 9. Resignation of Park & Recreation Com- Accepted resignation and called for appli- missioner Norah Freitas (CC) - cations. Deadline for receipt of appli- File 9-2-4 cations will be noon on March 16, 1983. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Mi skimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 2. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS FOR REPLACEMENT OF CITY HALL ROOF (GS) - File 4-1-334 Mayor Mulryan asked staff what the approximate cost would be for replacement of the roof of the City Hall. City Manager Beyer stated that it would approximate the $37,000 which was budgeted in the revenue sharing account for this project. Public Works Director Bernardi stated that the estimate is a very rough one, because the insulation is very wet and must be replaced so the cost cannot be determined too closely. However, it will be energy efficient. Council - member Breiner stated that she would like to see it even exceed the State requirements for energy efficiency. City Manager Beyer pointed out that the staff tried to see if the leaks could be repaired without replacing the entire roof, but it was determined by the architect and the Public Works Department that the roof no longer has a useful life and should be replaced. However, it has been determined that the Council Chambers roof will not need to be replaced, since it has not been leaking and appears to have several years of life left. Public Works Director Bernardi added that the cost of the project can be amortized over a period of years. Councilmember Jensen moved and Councilmember Frugoli seconded, to approve staff recommendation and authorize calling for bids. Staff is to report back at a later date for approval of the award. AYES: COUNCILMEMBERS: Brei ner, Frugol i , Jensen, Mi skimen & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 4. REQUEST FOR AUTHORIZATION TO SEEK ENGINEERING AND DESIGN PROPOSALS FOR MERRYDALE OVERCROSSING File 471737F_ Public Works Director Bernardi requested approval from the Council for authorization to seek assistance for the preparation of a Request for Proposals for the Merrydale Overcrossing Project, for a fee not to exceed $5,000. The firm selected would also assist in the selection of prospective firms for the project. Mayor Mulryan stated he would like to have as much work done in-house as possible. City Manager Beyer replied that the Request for Proposals (RFP) could be done in-house and then go outside for the selection of prospective firms and evaluation of proposals. He stated that staff has contacted CalTrans locally, and that it is possible assistance could come from Sacramento. Councilmember Breiner moved and Councilmember Jensen seconded, to authorize staff to prepare the RFP and consult with Sacramento if support is not available at the local CalTrans level. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 234 14. PUBLIC HEARING - CONSIDERATION OF APPROVAL OF ISSUANCE OF REVENUE BONDS FOR SAN RAFAEL PLAZA . tum) - riie ts-ee x K - Mayor Mulryan explained that this public hearing was being heard out of the agenda order, because it will be very brief. Mayor Mulryan then declared the public hearing opened. There being no public input the hearing was closed. City Manager Beyer explained that all of the legal documents in connection with the Industrial Development Bonds will be ready for the March 7th meeting. He pointed out that the Inducement Resolution regarding issuance of Industrial Development Bonds for the San Rafael Plaza was already adopted (on November 15, 1982). 11. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION: DENIAL OF VARIANCE V82-16, REQUEST TO RECONSTRUCT CENERAL ADVERTISING BILLBOARD ON HIGHWAYA ; FOSTER & LEISER, A METROMEDIA CO., REP. P - File 3-3-37— Mayor - - Mayor Mulryan declared the public hearing opened. Mayor Mulryan announced that informal negotiations have been proceeding. Planning Director Moore briefly summarized, stating that the applicant has requested a variance to allow a new billboard generally where the former billboard stood. However, the new billboard would have a very different design and would have a 14 foot by 48 foot externally illuminated display supported on a single post behind the sign. The post would, presumably, be concrete. Ms. Moore referred the Council to a letter from attorney Jeremiah Hallisey, representing the appellant, in which he objected to the application being treated as a variance, and also objecting to the San Rafael Sign Ordinance. There being no public input, the public portion of the hearing was closed. Mayor Mulryan recommended continuing the public hearing to March 7th. Councilmember Jensen suggested March 21. When Mayor Mulryan asked Mr. Hallisey for his preference, he responded that, since negotiations have been going on for so long and are still continuing informally, he would like to see the hearing continued to March 7th. Councilmember Miskimen moved and Councilmember Breiner seconded, to continue the public hearing to March 7, 1983. AYES: COUNCILMEMBERS: Brei ner, Frugol i , Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. PUBLIC HEARING - Z80-1 - REZONING AND PREZONING FOR OFFICE/RESTAURANT/HOTEL/RESIDENTIAL COMPLEX - CIVIC CENTER NORTH; CIVIC CENTER DRIVE; FIRST NATIONAL STATE BANK OF NEW JERSEY, DAN COLEMAN/DWIGHTH S 179-270-09 180-121-3U, , & . 155-2.56-66 a ui irii - riie 16 - Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed the Council on the matter, indicating that the Board of Super- visors of Marin County had met twice on the subject, once on February 4, and again today. Three remaining areas are identified as being of concern. They are: 1) Annexation of the property to County Flood Control Zone 7; 2) Proposed fill elevations for the site; and 3) City imposition of a light and noise easement on the Civic Center North property in favor of the County of Marin. In the matter of the Flood Control Zone annexation, it appears that approximately $27,000 of property tax would go to the Flood Control Zone, with the County not assuming the maintenance responsibility at this point. With regard to the fill elevations, the County would prefer to have higher elevations, but the requirements for this are set by the City. The City code is approved by FEMA (Federal Emergency Management Administration), and the County's role is merely advisory. With regard to the noise and light easement, the County has proposed language which the City considers much too restrictive, and would substantially encumber the site and create financing difficulties. The recommended approval requires that CC&R's notify future owners of Civic Center North property of the adjacent Civic Center activities. The property owner has agreed to work with County staff to develop mutually agreeable language for an easement. The final assessment should be subject to City Attorney approval. Ms. Moore informed the Council that the AB 884 time limit for City action on this project has nearly elapsed. Because of the shortness of time, the Council must take one of the following actions: 1) Approve the project; 2) Deny the project without prejudice due to inadequate time; 3) Deny the project with findings; or 4) Set a special City Council meeting date for final action prior to the AB 884 deadline of February 26, 1983. M r - 235 Attorney Albert Bianchi, representing the property owner, stated that as far as he is con- cerned, there is almost total agreement with the City on the various issues, except on the question of the noise easement. He has a serious legal question as to whether such a condition can be proposed. Dwight Winther gave a brief presentation, showing a profile drawing which compared the Civic Center North buildings with the Marin Center building, from the Civic Center Drive angle. Council next heard from Marjorie Macris, Marin County Planning Director, who referred to a letter dated February 18th from the Marin County Planning Department, which included their recommendations. There are 14 conditions of approval which the Board of Supervisors approved this afternoon, with amendments 1 through 5 added. There is essentially agreement in the content of the 14 conditions of approval of the project, and the five additional actions which it is recommended that the City and/or the County undertake. There is basically agreement with the exception of Condition 3, which deals with the annexation into the Flood Control Zone, Condition 9, regarding the wording of the light and noise easement. All other issues are basically consistent with discussions. The County is recommending, and City staff has con- curred, that a Joint Powers Agreement between the City and County be drawn up, which would establish a revised boundary to the Flood Control Zone which would cover a larger area, the Gallinas Creek watershed on the South Fork. The other point on which there is still disagree- ment between the County and the developer relates to the language of the light and noise easement, which the respective attorneys for the County and developer hopefully will be working out. Ms. Macris stated that the County's recommendation is that the City Council approve the re- zoning /prezoning, subject to the fourteen conditions recommended, with Conditions 3 and 9 to be discussed further, and including points 1 through 5 as outlined in the letter from the County Planning Department. It is felt that the other issues are basically consistent. Attorney Bianchi added that a revised version of the light and noise easement agreement, with toned down language, has been submitted to the County. He feels that a notice in the CC&R's would be just as effective as granting an easement. Mayor Mulryan recommended approving the action, with respective counsels from the County, applicants and City to work out the wording to protect the light and easement problem. Super- visor Roumiguiere agreed that the wording should be worked out by the various counsels. Supervisor Roumiguiere urged annexation to Flood Control Zone #7, as outlined under Con- dition 3. He then addressed Condition 14, which has been worked out with the property owner's representative. This is an added condition which, basically, says that prior to approval of the final map of the project the property owner will sign and record a covenant binding them- selves or successors, restricting the use of the 116 acre airport parcel to those uses restricting uses existing as of the date of the tentative map approval, and the following permitted uses: a. Public Utility uses as approved by the appropriate governmental agencies, which would include flood control, sanitary sewer, gas and electric and public safety facilities; b. Private and public recreational use; c. Continue airport and airport -related uses; d. The covenant to run with the land and be enforceable by the County of Marin and City of San Rafael, and include open space, wildlife habitat and other uses in accordance with those agreed to by the City and County in the future. This would mean that high density or commercial development would never take place on that parcel. Mayor Mulryan asked if this is City or County property. Ms. Moore indicated that it is within the City except for fringe areas close to the creek, probably due to the modification of the creek. Mayor Mulryan asked if there is consent from the property owner on that, and Mr. Bianchi replied that has been worked out. Mayor Mulryan stated that the concept is excellent, except that if it is within the City, the matter should be in accordance with the approval of the City, and not with the County. He said he felt the concept is excellent. Supervisor Roumiguiere again urged annexation to Flood Control Zone 7, even though it means diversion of approximately $20,000 in property tax monies from the City to the Flood Control Zone. Mayor Mulryan asked Ms. Moore about the maintenance by the County, which was not included in their initial proposal, and Ms. Moore replied that in the latest letter, dated February 18, from the County, they agreed that the Flood Control Zone will maintain the levees (with the exception of aesthetic considerations), the pumps, the inflow /outflow pipes, and the level of the lake. Mayor Mulryan asked how this could be assured, and Ms. Moore suggested that this could be covered in a Joint Powers Agreement. She recommended that the agreement could specify that City would agree to annexation to Flood Control Zone 7 "or a modified flood control zone", so long as the City/County coordination as outlined in the City staff recommend- ation of revised Condition 's' is met within a specified period of time. In that way, the Joint Powers Agreement can be negotiated. Mayor Mulryan stated it could even remain at Flood Control Zone 7, so long as it is agreed who will do the maintenance. Mr. Roumiguiere reassured the Council that there is no problem whatsoever about Flood Control Zone 7 doing the main- tenance work. Otherwise, he feels it would not be fair to the City after giving up property taxes. ro 236 The aesthetics will be taken care of by the Homeowners' Association, but the flood control work will be taken care of by the Zone. The only requirement is for the levees to be put in good shape before the Flood Control Zone takes over. Mayor Mulryan assured Mr. Roumiguiere that the City would be more than glad to do that. Dwight Winther again spoke, regarding Condition 's', which states that the density for the medium density residential area shall be 87 units, with the possibility of going to 125 units. Throughout the proposal for the project, 125 units have been proposed for the medium density area, and they feel it is appropriate for the property. Schematic plans have been prepared showing how 125 units can be built on the property, and if additional outside levee areas are included the density drops from the 14 to 15 units per acre as proposed, to as low as 9 units per acre if you were to include all of the water areas. The developer has been asked, and is paying $1,500,000 in traffic mitigation fees, and will be paying very expensive sewer and water connection fees. For these reasons Mr. Winther asked Council to reverse the Planning Commission and give the developers clear entitlement to the 125 units for the medium density residential area. Mayor Mulryan asked Ms. Moore for comment on this, and she explained the matter, indicating that at the time of design review the density may go up to 125 units, but that is not known at this time, and depends upon design adequacy. Roger Ahlenius of the Advisory Board, Flood Control District 7, spoke in favor of modifying the Flood Control District as just discussed. Attorney James Hatfield, representing Smith Ranch Airport, stated that Smith Ranch is presently considering topping all of their levees around the Ranch, which will require some 8,000 feet, which will cost a minimum of $61,000. Mr. Hatfield's question is whether the Smith Ranch Airport area is included in Flood Control Zone 7 - that is, the area north of the south fork of Gallinas Creek. Mayor Mulryan indicated that it is not. Mr. Hatfield then addressed Condition 9, regarding the noise easement. They do not feel they would be involved in that, but wish to make clear the fact that they do not wish to have to go to the County for permission to fly an airplane out of Smith Ranch Airport. Therefore, if there is any question about the language of the easement in this regard he would like to be consulted. Mr. Hatfield stated that with regard to Condition 14, it is the position of the people at Smith Ranch that, in the event they are successful in their bid to buy the property they will have a condition that it will only be used as open space and an airport. If the deal is successful, they will be coming back to the City for a grant of some sort of control so the property can never be used for anything other than as it is today. There being no further public input, the public hearing was closed. Councilmember Breiner suggested a revision to Condition 'o', to keep the first sentence as it is, that "Development of the one acre park site at the northernmost end of the property shall be funded by the two different residential areas." Then, "Maintenance of the park shall be the responsibility of the residential areas." It might be added that this will be part of the CC&R's. Councilmember Breiner then suggested that staff's Condition '1', which is the same general item as County's Condition '14', regarding an unimpeded through vehicular connection from Northbank Drive to the rear parking lot of Marin Center (Exhibit Building Parking Lot), is a very impor- tant one, for a connection between the hotel/motel and convention areas, which would relieve participants in Marin Center events from driving out to Civic Center Drive and back in on the Marin Center Property. Ms. Moore stated that, at the design review level, the City can exercise their discretion regarding the design of the bridge, and also a bridge from the rear of the property to the Marin Center property. Mayor Mulryan called for a motion, stating that it appears agreement has been reached with the exception of the 87 units vs 125. He feels in that case the Planning Commission has exercised discretion. Planning Director Moore pointed out that several items in the County letter refer to approval by the County, whereas they only recommend and final decision rests with the City. Councilmember Breiner moved and Councilmember Miskimen seconded, to certify the Negative Declaration. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner moved and Councilmember Jensen seconded, to pass the Prezoning Ordinance to print, with revised Conditions x, 1, o, s, u, v and the addition of Condition 14 from the County, as discussed. 237 An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Prezone Certain Real Property from the County of Marin Zone BFC:RSP-4.36 (Bay Front Conservation, Single Family Planned Residential) District to P -D (Planned Develop- ment) District - Civic Center North, and numbering Charter Ordinance No. 1448, was read, introduced and ordered passed to print as amended by the following vote, to wit: AYES: COUNCILMEMBERS: Brei ner, Frugoli , Jensen, Mi skimen & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Miskimen moved and Councilmember Jensen seconded, to pass the Rezoning Ordinance to print, with revised Conditions x, 1, o, s, u, v, and the addition of Condition 14 from the County, as discussed. An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from "U" (Unclassified) District to P -D (Planned Development) District, and numbering Charter Ordinance No. 1449, was read, introduced, and ordered passed to print as amended by the following vote, to wit: AYES: COUNCILMEMBERS: Brei ner, Frugoli , Jensen, Mi skimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Supervisor Roumiguiere asked for clarification, whether the action just taken puts the property in Flood Control Zone 7, subject to working out the maintenance. Mayor Mulryan replied that it does, with the proviso that it may, between the City and County staffs, results in a new flood control area. Supervisor Roumiguiere responded that it would not be a new Flood Control Zone, but an expansion of the present one, and Mayor Mulryan agreed, and also recognized that since the expansion project may take a couple of years the agreement would not be held up because of that. Mr. Roumiguiere asked if this includes the property across the creek, and Mayor Mulryan replied in the affirmative. Supervisor Roumiguiere thanked the Council and City staff for their many courtesies and for their cooperation with the County in working on the complex facets of this project. 13. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION DENYING THE APPLICATION FOR A USE PERMIT TO OPERATE A VIDEO ENTERTAINMENT CENTER; 512 THIRD STREET; R. N. CLAYTON, OWNER; CHERYL GRIFFIN, REPRESENTATIVE; A - - P - File - Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed the Council, informing them that the appellant is proposing a 70 game video entertainment center at 512 Third Street, to operate seven days a week, to 10:00 PM. The Planning Commission denied the request, finding that the use would likely create or increase the incidence of loitering and/or vandalism in the area, which would have an adverse effect on adjacent and vicinity businesses, residences and/or properties. The Police Department has emphasized that police problems have been common in the immediate vicinity of 512 Third Street because of the existing Marin Pizza Pub and Cellars Bar uses. The Police Chief feels that the introduction of youth -oriented recreational use would invite additional problems in this block. Staff and Planning Commission are also concerned about the intensity of the use attracting vehicular and bicycle as well as significant pedestrian traffic into the area. Ms. Moore indicated that the additional information given by the appellant to substantiate their appeal has not been significant enough to cause a change in the recommendation that Council adopt a Resolution denying the appeal, with findings. Attorney Amanda Metcalf, representing the appellant, informed the Council that she feels strongly that the basis for recommendation to deny the appeal is not factual, and that the City has a responsibility to potential businesses to come up with factual reasons for denial of a permi t. Cheryl Griffin, president of SARNIC, Inc., asked for a six-month trial period, and this was supported by Jack Atkins, a board member of SARNIC, who stated he felt the key issue is the kind of people who will run the operation and will those people cooperate effectively with local officials. He stated that the type of operation proposed would clean up the area and decrease, rather than increase, the problem. He brought up the adequacy of the parking, indicating that in the majority of cases parents would be dropping off their children and coming back later to pick them up, and many of the youths would be riding bicycles or walking. Kai Wong, owner of Chop Sticks Restaurant, Street and shares the offstreet parking in with parking, due to the limited space. which has space in the building at 512 Third front, stated that he will always have trouble Russell Lansing, who resides at 520 Third Street, informed the Council of the constant annoy- ance of picking up garbage from his front lawn, running children and adults off the 238 property, and the added inconvenience of cars parking in the driveway. Andrea Bacigalupi, daughter of the owner of the same building, echoed Mr. Lansing's complaint about loitering and littering. Bob Musante, co-owner of United Markets, stated that there is an ongoing problem with parking in the United Markets parking lot, across the street from the proposed video entertainment center, adding that he has even had to hire an off-duty San Rafael police officer to control the parking. Attorney Metcalf stated that the record should reflect that Ms. Bacigalupi is a member of the family of a competing video game facility on Francisco Boulevard, and that regarding traffic in the United Markets parking lot the majority of the people attracted to the video center would be under driving age and would be using bicycles. She referred to letters from various business people supporting the video center, and also pointed out that there would be three adults on the premises plus security guards. It is the feeling of the appellants that they would attract children away from the Pizza Pub, instead of the reverse, because of the lower cost. Barbara Suttle, owner of a video center on Fourth Street, spoke of the parking problems, even in that area, and added that the center attracts many adults including people in their 60's and 70's. There being no further input the hearing was closed. RESOLUTION NO. 6492 - DENYING UP82-67, A USE PERMIT TO ALLOW A VIDEO ENTERTAINMENT CENTER AT 512 THIRD STREET AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. SELECTION OF CONSULTANT AND EXECUTION OF CONTRACT FOR COMPUTERIZED RIDER INFORMATION SYSTEM FUNDED -Fi a -- Council accepted a report from Assistant City Manager Nicolai, indicating that one proposal was received from the proposals advertised in December, for a Computerized Rider Information System study. UMTA has determined that they cannot allow the City to accept a single proposal as they have concerns regarding our request for proposals. They will allow us to readvertise the project. (Councilmember Frugoli left meeting) 16. FINAL ADOPTION - ORDINANCE NO. 1447 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL CALIFORNIA. ADOP E BY REFERENCE BY SEC 0 OF THE MUNICIPAL CODE OF A A - r1 ie lu- CHARTER ORDINANCE NO. 1447 - An Ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from P -C (Planned Community) to P -D (Planned Development) District - Riviera & Biscayne Drives was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Brei ner, Jensen, Mi skimen & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli (Councilmember Jensen left meeting) 17. RECOMMENDATIONS RE COMMUN83Y BLOCK GRANT PROGRAM (CM) - File 147 Council reviewed the list of suggested proposals for Community Development Block Grant Funds for 1983/84. It is estimated that $213,000 will be available for the San Rafael Planning Area for Fiscal Year 1983/84, and within that allocation a maximum of $42,000 may be allocated for human services for this area. Councilmember Breiner called attention to Priority 6, Pickleweed Park Community Center (antici- pated shortfall), $30,000. She stated she is reluctant to commit $30,000 in Community Block Grant Funds for this project, and if there is a shortfall the project should be cut back accordingly. Assistant City Manager Nicolai explained that the projects listed came from the various departments. City Manager Beyer recommended that the Pickleweed Park item be cut from this list, before it goes to the Committee. Councilmember Miskimen moved and Councilmember Breiner seconded, to approve the list as recommended, with the exception of the Pickleweed Park project. AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli & Jensen (Councilmember Frugoli returned) 239 18. RECONDITIONING OF A 1958 LA FRANCE AERIAL LADDER (FD) - File 4-2-167 Council reviewed a report by Fire Chief Marcucci, indicating that American LaFrance has in- formed him that during teardown of the 1958 ladder at their plant it was revealed that the second and fourth sections are unrepairable. The main rails of the two sections were flattened and contain deep furrows. Equipment Testing Company had not indicated any defects of the second and fourth sections of the ladder during their inspection previously, but have indicated that the rollers could have gone out of adjustment and deformed the bottom of the rails. Chief Marcucci indicated that a new ladder be purchased at a cost of $12,000 with Equipment Replace- ment Funds. Councilmember Miskimen moved and Councilmember Frugoli seconded, to approve the staff recom- mendation for purchase of the $12,000 ladder from Equipment Replacement Funds. AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen (Councilmember Jensen returned) 19. REPORT RE MEETING WITH MERCHANTS ON EAST FOURTH STREET (CM) - File 9-2-37 x R-71 Council reviewed a staff report from City Manager Beyer, indicating that on February 9th Mayor Mulryan, Councilmember Frugoli, Supervisor Roumiguiere and City Staff had met with a group of merchants from East Fourth Street, between Lincoln and Grand avenues. The merchants feel that their portion of Fourth Street needs upgrading by means of additional drainage improvements, the creation of additional parking within the area, and beautification. Staff recommendation was for the Council to authorize proceeding with the necessary work to analyze the cost of improvements to the East Fourth St. area, along with analyzing the potentials for cost sharing as well as what individual assessments might be. After discussion, Council agreed to refer the matter to the Downtown Parking District Advisory Committee, for study and report back with recommendations. Councilmember Breiner recommended that staff refer back to previous data on parking in the area in question, and give it to the Committee for their background information. 20. REQUEST FOR COUNCIL CONSIDERATION OF REPEAL OF ORDINANCE NO. 1317 OF 1978 AND REENACTMENT U� ORDINANCE NU. 11b8 OF 19/4, REGULATING CAMPAIGN GUNIRIBUHUNS (CA) - File 9-4-2 x 9-3-16 City Attorney Duggan requested the Council consider setting a public hearing to consider adoption of an Ordinance which would again set a limit on amount of campaign contributions. Mr. Duggan pointed out that Ordinance No. 1168, adopted in 1974, limited campaign contribu- tions; however, this was repealed by Ordinance No. 1317 because it conflicted with the Polit- ical Reform Act of 1974 and was unconstitutional in some respects according to then Assistant City Attorney Bullard. Ordinance No. 1317 was adopted in 1978. Mr. Duggan informed the Council that the Fair Political Practices Commission was asked by him to review Ordinance No. 1168 and they found it to be constitutional and not in conflict with the Political Reform Act of 1974, with one exception, when the California Supreme Court in ruling on a case, said "Appropriate limitations on individual contributions remain a constitu- tionally valid means of dealing with undue influence by moneyed interests in the electoral process." Mr. Duggan is recommending that individual campaign contributions be limited to $200,00. Councilmembers Frugoli and Jensen indicated they are not in favor of such an ordinance, indicating that as long as there are no spending limitations such a regulation would not be meaningful. Mayor Mulryan indicated that $200.00 would be too low an amount, but he would consider $250.00 limitation. Councilmember Breiner stated that she would support the Ordinance, but she doubts whether it will be effective. Councilmember Miskimen moved and Councilmember Breiner seconded, to set a public hearing on the matter for Monday, March 21, 1983. AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli & Jensen ABSENT: COUNCILMEMBERS: None 21. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Council reviewed a staff report, requesting support for SB 203 (McCorquodale & Presley), which is an urgency statute to correct an ommission in the State budget which failed to appropriate funds derived from the sale of the State 1980 Park Bonds. If the bill is defeated, San Rafael would lose approximately $15,000 which had been appropriated for the Albert Park Renova- tion Project. 240 After discussion Concilmember Miskimen moved and Councilmember Frugoli seconded, to direct staff to communicate Council support for the Bill to the City's representatives. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ADD ITEMS I AUTHORIZED CITY REPRESENTATIVE FOR FEMA -677 DR DISASTER, 1983 (PW) - FILE 205 x 8-9 Public Works Director Bernardi requested designation of City Manager Beyer as the City's representative for all 1983 Disaster Assistance applications to FEMA. RESOLUTION NO. 6493 - DESIGNATION OF APPLICANT'S AGENT, CITY OF SAN RAFAEL (City Manager Robert F. Beyer, Representative for all 1983 Disaster Assistant applications to FEMA) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None II AB 674 (Filante) - USE OF WIND AND SOLAR ENERGY - File 9-1 (Verbal) Staff was asked to obtain copies of AB674 (Filante) for Council, and to agendize the subject for March 7th for discussion. III RECOGNITION OF MEDICAL ASSISTANTS RECOGNITION WEEK - File 104 Mayor Mulryan stated that he has been asked to recognize the week of February 20th as Medical Assistants Recognition Week. CLOSED SESSION Council adjourned to Closed Session to discuss pending litigation. APPROVED THIS oZ / at DAY OF 1983 MAYORE CITY OF SAN RAFAEL- LL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Wednesday, March 2, 1983, at 4:00 PM. Special Joint Present: Lawrence E. Mulryan, Mayor/Agency Chairman Meeting: Dorothy L. Breiner, Councilmember/Agency Member Gary R. Frugoli, Council member /Agency Member Fred E. Jensen, Councilmember/Agency Member Absent: John A. Miskimen, Councilmember/Agency Member Also Present: Robert F. Beyer, City Manager/Executive Director; Jeanne M. Leonci ni , City Clerk/Agency Secretary RE: WORKSHOP ON CITY'S FISCAL POSITION PRELIMINARY TO PREPARATION OF FY 1983/84 BUDGET (CM) - File - x 9-1-2 Mayor Mulryan opened the workshop session with the statement that this is a departure from previous years, where only broad guidelines viere given before the proposed budget was drafted by staff, followed by a series of budget hearings before the Council. This year, we see San Rafael as having a still comparatively fine sales tax base, but with possibly having to cut back on services in order to come close to balancing the budget. This year for the first time, due to a variety of reasons which are in part storm related, as well as other reasons, we are looking at funding in a deficit way. The Council has stated that we cannot continue as a matter of policy to proceed in a deficit manner, so the purpose of this meeting is essentially based on that premise - the realization that we have to look at our services and find some ways to either increase revenues or reduce expenditures, or both, and bring the balance between expenditures and our income. flk- t 241 City Manager Beyer gave an overview of the staff report and, at Mayor Mulryan's request, commented specifically on the reserve aspect, and what percentage would be recommended to be taken for current expenditures. Mr. Beyer mentioned that during the seven-year period from FY i 1976/77 to 1982/83, the Consumer Price Index increased about 70.5%, while for the same period expenditures for City services gained 62.4% or 8.1% below inflation for the same period of time. The cost per capita to deliver City services rose from $186.30 in 1976/77 to $309.70 for the current fiscal year, an increase of 66.1% or an average of 9.4% per year. During this same period the City's work force grew from 303.5 fulltime positions to 317, reflecting an increase of 4.4%. This is partly due to four patrolmen returning to the City employ, and also the establishment of the Paramedic Program. Mr. Beyer indicated the City has lost about $1,000,000 since Proposition 13, due to lack of "bail-out" funds, and the impact is really being felt this year, particularly from motor vehicle in -lieu fees which are the major source of State subventions to the City's General Fund. There is a projected deficit for the 1983/84 Fiscal Year of $893,660, based upon having an estimated General Fund revenue increase at 4%, and assuming a 5% inflation factor in maintenance of present level of service for the 1983/84 Fiscal Year. Mr. Beyer stated he hopes the sales tax will improve and there will be a general upturn in the economy so building permits and related income will increase. Finance Director Coleman pointed out that the $893,000 deficit does not anticipate any salary or benefit adjustments. Negotiations on this aspect will be held during the next two or three months. Mr. Beyer presented four options for Council consideration, for dealing with the deficit. They are: 1) Increased revenues; 2) Reduced expenditures; 3) Use of reserves; fund transfers; and 4) Combination of the above. One additional source of revenue mentioned is "Special Taxes" which the Supreme Court construes to mean taxes which are levied for a specific purpose rather than a levy placed in the General Fund to be utilized for general government purposes. This eliminates the requirement that if special taxes are to be placed in the General Fund and available for all general fund expendi- tures they must be approved by the voters. A special tax for a specific purpose, such as lighting, would still require the two-thirds voter approval. Mr. Beyer next addressed use of Reserve, and fund transfers. He mentioned another option available, the use of a portion of the General Fund reserves, which are presently at $2.7 million, to offset a portion or all of the projected deficit. This present fiscal year, the Council implemented this option and drew upon $700,000 from the reserves to balance the budget. The present reserves stand at 19.6% of the total General Fund operating budget. Mr. Beyer recommended to the Council that the reserves be maintained at no less then 15% if at all possible. This would protect the City against unpredicted emergencies and claims which might arise. An additional consideration is possible transfer of other funds to the General Fund. This would result in shifting of priorities. The two sources which might be used are Revenue Sharing and Gas Tax funds. They have been used to fund the capital improvement program, with the exception of $200,000 which is transferred from the Gas Tax Fund to the General Fund to pay for a portion of the costs for street maintenance. Mr. Beyer asked the Council to consider a combination of using revenues and reducing expendi- tures equally, by taking $450,000 from reserves and reducing expenditures by $440,000 to deal with the anticipated deficit. This is based on a 6% reduction in costs, primarily in personnel services which ultimately means reductions in the level of services provided. Councilmember Jensen spoke in favor of re -instituting the funding of retirement costs, which was voted upon as a tax override in 1956, but ceased to be applied after Proposition 13. Mr. Beyer pointed out that if this levy is re -instituted by the Council, it would generate approxi- mately 160,000 in new revenue, or about 3.59'per $100 of assessed valuation. Councilmember Breiner stated that she agrees with the staff recommendation that we keep at least a 15% surplus reserve, and should not go below that. Councilmember Breiner then moved, and Councilmember Frugoli seconded, that the Council go on record as supporting a minimum of 15% Reserve Fund for the City budget. Under questioning, Mayor Mulryan agreed, and recommended that staff be asked to come back with a balanced budget as it did last time. He mentioned one additional source of income would be a garbage franchise tax which would bring an additional $225,000 annually. He agreed that it should be a matter of policy that the minimum of 15% Reserve Fund be maintained. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen The Garbage Franchise Tax and Utility Users Tax were discussed, and Councilmember Breiner asked that staff be directed to bring back some of the pros and cons, and how it works in other cities. 242 Councilmember Breiner asked about Capital Improvements, and Mr. Beyer indicated they are not included in this study. He also pointed out that $200,000 in Gas Tax funds are allocated for street maintenance, and that there are projects which for one reason or another have not been completed although funds were budgeted, and that money is available. Other projects, for which funds have been earmarked, are also awaiting execution when weather conditions permit. Finance Director Coleman informed the Council that next year the City will probably get $600,000 in Gas Tax Funds and about $400,000 from Revenue Sharing. All but about $200,000 of that is earmarked for Capital Improvement projects. This was decided last year after the Council adopted a multi-year Capital Improvement Program. Accelerated road improvements were included at that time. Councilmember Breiner asked that staff bring back a prioritized list of Capital Improvement needs for Council review, in connection with the 1983/84 budget, so further funding could be discussed. City Manager Beyer stated that staff is currently working on a report on drainage and levees, and the report can be broadened to include all Capital Improve- ments and recommended revenue sources. Mayor Mulryan stated that he feels the Council has now stated a general policy where the City should not defer the Capital Improvement Program, and should find ways to support it, particu- larly the roads. Councilmember Frugoli again brought up the Garbage Franchise Tax and Utility Users Tax as sources of revenue, and asked City Manager Beyer about his request to department heads to reduce their expenditures by 5%. Mr. Beyer stated he had taken a "worst case" budget request to the department heads, with a 5% reduction factor, and they are working on that. This could be shifted based on the outcome of today's meeting. Councilmember Frugoli mentioned that one way to save would be to consolidate the Police and Fire communications services as the County has done. Also, Police and Fire may have to elimin- ate some of their non -emergency duties. Councilmember Breiner stated she would not support dropping down the $450,000 from the Reserves, that she would prefer to see a lesser amount. She also asked that staff scrutinize energy throughout the City, whether it is for the gasoline in the cars, and other energy costs, to conserve expenditures. Mayor Mulryan asked, with concurrence of the Council, that staff come back with not a draw -down but a balance. That would mean that the 5% request Mr. Beyer has made of the department heads would be carried out. Councilmember Frugoli asked, if the City did take the $450,000 out of the Reserve Fund, what would be the percent. Finance Director Coleman replied that if taken out of next Fiscal Year's fund it would bring it down to $2,250,000 which would be approximately 15%. Mayor Mulryan asked for comments from the audience and Ricard Gosse, representing The Group, reminded the Council of the request they made last year, that they be allowed to participate in the budget -making process, line by line. In order to be able to do that, the budget must be very clear and easily understood by any citizen. Mayor Mulryan replied that, since the request was made last year the City has committed itself to doing so, and this budget workshop is a first step in that direction. Mr. Beyer stated that the commitment by the Council did not include a line -item budget for this year. The issue was raised by The Group, but that commit- ment was not made. Mayor Mulryan agreed to this, and mentioned that a letter was written last year to The Group explaining the City's position. Mayor Mulryan then adjourned the meeting, with the promise that the public will be notified when the next budget workshop date is decided upon. (YANNL M. i y er Agency Secretary APPROVED THIS a2 ,!t DAY OF / 1983 LAWRENCE E. MULRYAN, MA R A ency Ch airman *** *** *** *** *** *** *** 243 In Conference Room 201 of the San Rafael City Hall, Monday, March 7, 1983, at 7:15 PM. Special Meeting: Present: Fred E. Jensen, Acting Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember John A. Miskimen, Councilmember Absent: Lawrence E. Mulryan, Mayor Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk RE: INTERVIEW OF FIRE COMMISSION MEMBER LEONARD FISHER, RE REAPPOINTMENT (CC) - 9-2-5 Council interviewed Leonard Fisher, Fire Commissioner whose term is expiring this month, with a view to reappointment. Councilmember Breiner moved and Councilmember Frugoli seconded, to reappoint Leonard Fisher to another four-year term to March 1987. AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan APPROVED THIS DAY OF �.� 1983 In the Council Chambers of the City of San Rafael, Monday, March 7, 1983 at 7:45 PM. Special Joint Present: John A. Miskimen, Acting Agency Chairman/ Meeting: Councilmember Dorothy L. Breiner, Agency Member/ Council member Gary R. Frugoli, Agency Member/Council- member Fred E. Jensen, Agency Member/Acting Mayor Absent: Lawrence E. Mulryan, Agency Chairman/Mayor Also Present: Robert F. Beyer, Executive Director/City Manager; Jeanne M. Leonci ni , Agency Secretary /City Clerk; Edmund A. Duggan, Agency Attorney/City Attorney RE: JOINT PUBLIC HEARING RE PG&E PROPERTY EXCHANGE (RA) - File R-187 x R-217 x SRCC 4-4-4 REDEVELOPMENT AGENCY Acting Chairman Miskimen opened the public hearing. Executive Director Beyer gave a brief background, and explained that the purpose of this joint meeting is to conform with Section 33433 of the California Health & Safety Code which requires the approval of any Redevelopment project within the jurisdiction of that public body when a Redevelopment Agency sells, exchanges or otherwise disposes of property acquired with public funds. The relocation agreement before the Agency/Council provides for PG&E to exchange 7.97 acres east of Lindaro Street, together with a cash payment of $4,150,000 in exchange for a new service center in substantial conformity with a Scope of Work to be designed and con- structed by the Agency's designated developer on 10 to 12 acres of Agency -acquired property on Andersen Drive. Raiser Construction has submitted a not -to -exceed figure of $4,300,000, to design and construct the new service center at the Andersen Drive site. Mr. Beyer informed the Agency that staff has completed an initial environmental study, and recommends the Agency certify a Negative Declaration for the relocation agreement. There being no public input, the public hearing was closed. RESOLUTION NO. 83-3 - CERTIFYING A NEGATIVE DECLARATION FOR A RELOCATION AGREEMENT WITH PG&E 244 AYES: MEMBERS: Breiner, Frugoli, NOES: MEMBERS: None ABSENT: MEMBERS: Chairman Mul ryan Jensen & Acting Chairman Miskimen RESOLUTION NO. 83-4 - DETERMINING AGENCY HAS COMPLIED WITH SECTION 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE AND APPROVING A RELOCATION AGREEMENT WITH PACIFIC GAS & ELECTRIC CO. AYES: MEMBERS: Breiner, Frugoli, NOES: MEMBERS: None ABSENT: MEMBERS: Chairman Mul ryan CITY COUNCIL Jensen & Acting Chairman Miskimen Acting Mayor Jensen opened the City Council part of the public hearing. There being no public input the hearing was closed. RESOLUTION NO. 6494 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DETERMINING AGENCY COMPLIANCE WITH SECTION 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE REGARDING A RELOCATION AGREEMENT WITH PG&E AYES: MEMBERS: Breiner, Frugoli, Miskimen & Acting Mayor Jensen NOES: MEMBERS: None ABSENT: MEMBERS: Mayor Mul ryan REDEVELOPMENT AGENCY Acting Chairman Miskimen brought up for consideration a letter from Equitec Properties, requesting an exclusive right to negotiate on the conditions and terms of purchase of the approximately 7.96 acres which comprise the PG&E property just transferred to the Redevelop- ment Agency in the action taken in the public hearing. Equitec further requests the exclusive right to commence March 1 and continue through April 30, 1983, and is offering payment in the amount of $15,000. Acting Chairman Miskimen pointed out that the alternative to this proposal would be to go through the customary RFP procedure. Member Jensen spoke in favor of the proposal, since there is money being offered. Executive Director Beyer explained that the Equitec Company is also proposing renewing their option for another thirty -day period, after the initial sixty days if they can demonstrate reasonable progress, for another $15,000 and then another thirty days which would take it to June 30th, and at that time they would pay $20,000. The total in that case would be 120 days. Mr. Beyer mentioned that the money would be non-refundable. He mentioned that the data gathered during the option period or periods, namely the soils studies and other data would be the property of the Agency and would be turned over, so the Agency would benefit in that way. Mr. Beyer recommended a modification to the proposal, making it a thirty -day option at first rather than sixty, so the Agency can see at that point how Equitec is proceeding, and if Agency decides to go with an RFP it can be ready to go at that time. Member Jensen moved to grant the option for sixty days, with extensions as proposed. There was no second to the motion. Councilmember Breiner stated she would vote for thirty days, but not for sixty, because within the thirty days staff would have time to draw up an RFP. Agency then heard from Hans Kuhni, Vice President for Construction in the Equitec Properties Co., stating he felt they would not be able to do justice to the project in a thirty -day period, that they would need sixty days to analyze. It is the intent of the company to show reasonable progress at the end of the sixty-day period. Agency Counsel Rosenthal stated he has some concerns about such an arrangement, and Acting Chairman Miskimen suggested that Agency Counsel, staff and Mr. Kuhni go into conference and see if they can reach an agreement. Member Jensen withdrew his motion. After a short recess, staff returned and Exzecutive Director Beyer announced they were ready to make a recommendation to go with the sixty-day option, and then ask for authorization to draft a letter clarifying the agreement and, if things are moving very well at the end of the sixty days Equitec would ask for an additional thirty days at that time if necessary, but the agreement at this time would be just the sixty-day option. Member Breiner asked for a clarification, whether this means that if in the meantime some other developer comes forward, the Agency is not bound in any way to renew or extend with Euitec. Mr. Beyer replied the agreement would be for sixty days only. Mrs. Breiner then stated her concern about the wording in the letter where it said if Euitec showed "reasonable progress" the option would be extended. Mr. Beyer replied that would be changed, the option would be for a sixty-day period only, and the other provisions would not be in the agreement. It would simply be an option for sixty days for $15,000. He recommended that it be effective as of this date, March 7th. 245 Acting Chairman Miskimen moved and Member Jensen seconded, to adopt a Resolution authorizing the Acting Chairman or Executive Director to sign a revised option agreement with Equitec for a sixty-day period as stated. RESOLUTION NO. 83-5 - RESOLUTION APPROVING AN EXCLUSIVE RIGHT TO NEGOTIATE WITH EQUITEC (PG&E Site - Lindaro St.) AYES: MEMBERS: Breiner, Frugoli, Jensen, & Acting Chairman Miskimen NOES: MEMBERS: None ABSENT: MEMBERS: Chairman Mul ryan Agency Secretary Ci ty Cl erk APPROVED THIS a / DAY OF A4'r_4, 1983 ZJOHN A. MISKIMEN, Acting Agency ChairmaF FRES]S"',�- Ae-ti n g Mayor I the Council Chambers of the City of San Rafael, Monday, March 7, 1983, at 8:00 PM. Regular Meeting: Present: Fred E. Jensen, Acting Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember John A. Miskimen, Councilmember Absent: Lawrence E. Jul ryan, Mayor Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Regular Meeting of February 7, 1983 (CC) 2. Confi rmati on of Timing that on or after October 1, 1986, Marin Sanitary Service will be able to Commence a Public Disposal Operation at its Transfer Facility, Subject to Appropriate City Approvals (CM) - File 4-3-32 x 160 3. Appeal of Handicapped Access Requirements - 1526 Fifth Ave. (PW) - File 13-1-1 4. Appeal of Handicapped Access Require- ments - 1545 Fourth St. (PW) - Fila 11-1-1 5. Abatement of Nuisance - Slide Repair at 22 Cala Vista Dr. (PW) - Fila 1-1-17 7. Late Claim for Damages - Timothy F. Shannon (PD) - File 3-1-751 Recommended Action Approved as submitted. Confirmed. Set public hearing for Monday, March 21, 1983. Set public hearing for Monday, March 21, 1983. Set public hearing for Monday, March .21, 1983. Approved R.L. Kautz & Co. recom- mendation for denial of request to present late claim. 246 8. Status Report on Civic Center North Ordinances (P1) - File 10-1 Accepted report that staff is con- ferring with County staff to dis- cuss final language of Ordinances. AYES: COUNCILMEMBERS: Brei ner, Frugol i , Miskimen & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mul ryan 6. EXTENSION OF SHELL OIL LEASE - SECOND ST. & LINCOLN AVE. (RA) - File 2-8-12 Councilmember Breiner inquired about the Redevelopment CAC recommendation that renewal of the 1 ease i n questi on be del ayed unti 1 action i s taken regardi ng the Transportati on Termi nal , since this is part of one of the recommended sites. City Manager Beyer replied that this is a temporary extension of the lease, for only 45 days. Replacement lease is still being negotiated. RESOLUTION NO. 6495 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Shell Oil Co. for extension of lease, property at SE Corner, Second St. & Lincoln Ave., beginning March 17, 1983, ending April 30, 1983 ) AYES: COUNCILMEMBERS: Brei ner, Frugol i , Miskimen & Acting Mayor Jensen NOES: COUNC ILMEMBERS: None ABESENT: COUNCILMEMBERS: Mayor Mul ryan 9. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION: DENIAL OF VARIANCE V82-16, REQUEST TO RECONSTRUCT GENERAL ADVERTISING BILLBOARD ON HIGHWAY 101 AT SOUTH CITY LIMITS; FOSTER & KLEISER, A METROMEDIA CO., REP, P - File 777-73S_ Acting Mayor Jensen declared the public hearing opened. City Manager Beyer recapped the matter, and informed the Council that staff and the appellant have been unable to resolve the problem. The recommendation from the Planning Commission is to deny the appeal. Councilmember Miskimen remarked that it is unfortunate that it has not been possible to work out a variance, but the appellant has planned an entirely different type of structure than the one which was destroyed. He pointed out that they have a legal right to rebuild the same type structure which was there previously. He recommended denying the appeal without prejudice and allowing the owners to re -apply for a permit for a billboard similar to the former one. Attorney Philip Neumark of the firm of O'Brien & Hallisey, addressed the Council, referring to Mr. Hallisey's letter of December 14, 1982, in which he stated that the application should not be treated as a variance, and also that the City's sign ordinance is unconstitutional as written and applied. Mr. Newmark urged the Council to uphold the appeal. He stated that the proposed billboard is essentially the same as the previous one. There being no further public input the hearing was closed. Planning Director Moore informed the Council that the new billboard would be very different from the original one, having a 14 x 48 foot externally illuminated display supported by a single post behind the sign. The post would presumably be concrete. Councilmember Miskimen moved and Councilmember F rugoli seconded, to deny the variance and uphold the Planning Commission, without prejudice, so the applicant will be able to re -apply to rebuild a billboard similar to the one destroyed by fire. AYES: COUNCILMEMBERS: Brei ner, Frugol i , Miskimen & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mul ryan 10. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION CONDITION OF APPROVAL RE TRAFFIC MITIGATION FEES - ED 0-8 c 1401 LOS GAMOS DRIVE; FIRST CALIFORNIA MORTGAGE CO., OWNER; ALBERT B ANCHI, REP. P - File 10 - Acting Mayor Jensen declared the public hearing opened. 247 Planning Director Moore explained to the Council that the Planning Commission, in February of 1983, conditionally approved a proposal to develop a 33,000 gross square feet office building on the 2.42 acre Fi rst Cal i forni a Mortgage property at the end of Los Gamos Dri ve. The City previously approved a two building 28,000 gross square feet project for the site which is valid to June 1, 1983. The redesign utilizes the same architectural style, but includes changes in site landscaping and parking, in response to the changed project footprint and the City's reduced office parking requirement. A Transportation Management Program (TSM) is proposed to mitigate the additional 5,000 gross square feet proposed with the single building design. Accordingly, the Planning Commission is requiring traffic mitigation fees which amount to $5.05 per gross square foot, or a total of $141,000. The previous approval was granted prior to the adoption of the Northgate Activity Center Plan (NACP), and required mitigation fees of $1.71 per gross square foot or a total of $47,500. The Planning Commission's conclusion is that the project represents an entirely new proposal and to approve the project utilizing the earlier fee schedule would grant a privilege not enjoyed by other developers in Northgate. Attorney Albert Bianchi, representing First California Mortgage Co., stated that the staff report is accurate; however, on February 8, 1983, he had proposed a modification of Condition (x) to stipulate payment according to the reduced fee if building permits are issued prior to June 1, 1983, the expiration of the original proposal. The Planning Commission did not approve the proposed modification for the reasons stated above. Mr. Bianchi informed the Council that the new addition is really only 2,500 square feet rather than 5,000, because the previous plan did not include the telephone room shafts and other modifications which affect the floor space. Mr. Bianchi stated that he would like to think that if the Planning Commission had the detailed information which was not provided them on February 8th they would have made another decision , since the information he gave them at that time did not really represent the true picture. After discussion Councilmember Breiner moved and Councilmember Frugoli seconded, to grant the appeal and change Condition (x) to reflect that the traffic mitigation fee will be computed at the original rate. AYES: COUNCILMEMBERS: Brei ner, Frugol i , Mi skimen & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mul ryan 12. RESOLUTION AUTHORIZING ISSUANCE, SALE AND DELIVERY OF CITY OF SAN RAFAEL CERTIFICATE OF DEPOSIT REVENUE BONDS TO FINANCE THE ACQUISITION AND CONSTRUCTION BY SAN RAFAEL PLAZA OF AN OFFICE AND RETAIL BUILDING (INDUSTRIAL DEVELOPMENT BONDS) CM - File 8-22 x R - Acting Mayor Jensen asked that this item be considered out of sequence to accommodate the individuals involved, since it will be very brief. City Manager Beyer recapped his staff report, indicating that the Resolution before the Council is for the purpose of authorizing the issuance, sale and delivery of City of San Rafael Certi- ficate of Deposit Revenue Bonds to finance the acquisition and construction by San Rafael Plaza of an office and retail building. The necessary Inducement Resolution supporting the issuance of the revenue bonds was adopted on November 15, 1982, and the required public hearing was held on February 21, 1983. RESOLUTION NO. 6496 - AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF SAN RAFAEL CERTIFICATE OF DEPOSIT REVENUE BONDS TO FINANCE THE ACQUISITION AND CONSTRUCTION BY SAN RAFAEL PLAZA OF AN OFFICE AND RETAIL BUILDING AYES: COUNC ILMEMBERS: Brei ner, Frugol i , Mi ski men & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mul ryan Edward H. Kuykendall, developer of San Rafael Plaza office and retail building, was asked about the status of tenants for the building. He stated that at present it is 60% spoken for, and promised a full report on tenants in April. 11. STATUS REPORT ON NORTHWESTERN PACIFIC RAILROAD RIGHT-OF-WAY TASK FORCE (P1) - File 117 Planning Director Moore reported on the latest activities of the Task Force, which has success- fully negotiated an option for the acquisition of the rights-of-way to the south of the Auburn Street Trestle. Since that time there have not been additional meetings to discuss future work relative to possible abandonment of the right-of-way north of Auburn Street. The next meeting should take place in the near future. Staff will secure additional information about the upcoming schedule for the Task Force, and the recent purchase by the Golden Gate Bridge, Highway & Transportation District of property adjacent to the abandoned right-of-way near Larkspur Landing, for $1,285,000. Details will be provided at a later meeting. I 13. AUTHORIZATION TO NEGOTIATE WITH CITY FOR LEASE TO DEVELOP A MARINA AT TURNING BASIN ADJACENT TO BEACH PARK, AND TO SUBMIT PLANNING APPLICATION CM - File 2-8-24 City Manager Beyer recommended to the City Council that staff be authorized to negotiate with Wm. Bielser et al, for the purpose of negotiating a lease to develop a marina at the turning basin at Beach Park and to authorize Mr. Bielser to submit a planning application for the project. He further stated that an appraisal has been obtained, so there will now be a basis for negotiating the lease. Councilmember Frugoli moved and Councilmember Miskimen seconded, to approve staff recommend- ation and authorize negotiating a lease with Wm. Bielser et al for a proposed marina adjacent to Beach Park, and to authorize Mr. Bielser to submit a planning application for the project. AYES: COUNC ILMEMBERS: Brei ner, Frugol i , Mi skimen & Acti ng Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mul ryan 14. IMPLEMENTATION OF CITY VOLUNTEER PROGRAM (GS) - File 214 x 9-1-2 Assistant to the City Manager Barbier reported on the establishment of a volunteer program to assist the various departments with their workloads. He stated that the County of Marin has had a very successful program for several years, and it has been a tremendous help in assisting departments. Mr. Barbier presented a proposed Volunteer Program, with Policies and Procedures. Councilmember Frugoli moved and Councilmember Miskimen seconded, to accept the report and authorize staff to implement a City-wide volunteer program as outlined. AYES: COUNCILMEMBERS: Brei ner, Frugoli, Miskimen & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mul cyan 15. STATUS REPORT RE DEVELOPMENT OF SURPLUS SAN RAFAEL SANITATION DISTRICT PROPERTY IN EAST SAN RAFAEL P - File Council accepted a report from Assistant City Manager Ni col ai , stating that the San Rafael Sanitation District (SRSD) has set April 20th as the deadline for a proposal from the Housing Authority of Marin, and May 4th as the date for their final decision on the surplus SRSD site on Bellam Blvd. City staff has met with Housing Authority staff concerning the use of this site, along with the adjacent City -owned site for the development of affordable housing. The City has also submitted a request for Community Development Block Grant Funds for a geotech- nical review and affordable housing feasibility study on the City site. Ms. Ni col ai informed the Council that progress reports will be submitted as the project develops. 18. CONSIDERATION OF ISSUANCE OF AN ENCROACHMENT PERMIT FOR MARIN SQUARE DEVELOPMENT (CM) - i e 10 -2 - City Manager Beyer informed the Council that there currently exists approximately 5,000 square feet of City -owned property at the intersection of Bellam Boulevard and Andersen Drive. This property was acquired by the City through the relinquishment of right-of-way acquired by CalTrans under the Bellam Boulevard widening. It has been suggested to the developers of Marin Square that the excess right-of-way be considered as part of the overall development plan for this area. This suggestion was the result of a trade-off with the developer because City staff felt that ultimate access to properties to the north should be from this development rather than from Gary Place. The use of this excess right-of-way would make up in some fashion for the potential burden of providing access to the adjacent properties. There will be an encroachment of approximately 875 square feet of building into this portion of City -owned property. The remainder of City -owned property would be landscaped consistent with the land- scaping required by Planning Commission for the entire project, and would be maintained by the developer. Councilmember Miskimen moved and Councilmember Frugoli seconded, to approve the staff recom- mendation and authorize the issuance of an encroachment permit to the owners of Marin Square Development. AYES: COUNCILMEMBERS: Brei ner, Frugoli, Miskimen & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mul ryan 16. RECOMMENDATION FROM PLANNING COMMISSION RE BELOW MARKET RATE HOUSING PROGRAM FOR HOUSING ELEMENT P - File 115 x_7 -_2_-_3T_ Planning Director Moore requested Council concurrence with a proposed Housing Element General Plan amendment, regarding below market rate housing, reading: "The City shall negotiate and provide incentives for BMR units affordable to persons of low and/or moderate income in a= residential projects of 10 or more units. Such incentives may include density onuses, reductions in certain development standards—and fees, and other appropriate measures. The Council's concurrence with the revision would ea to the scheduling of General Pan Amendment public hearings. ,�F Councilmember Breiner moved and Councilmember Frugoli seconded, to concur with the proposed revision to the Housing Element General Plan. AYES: COUNC ILMEMBERS: Brei ner, Frugol i & Acting Mayor Jensen NOES: CO UNC I LM EM B ERS: Mi skimen ABSENT: COUNCILMEMBERS: Mayor Mul ryan Councilmember Miskimen indicated his opposition to this amendment, since he feels it will result in increasing cost of housing for the people who do not qualify for the below market rate housing. He feels it is a mistake to put it into the Housing Element. 17. APPEAL OF DENIAL OF TOW TRUCK OPERATOR'S PERMIT (PD) - File 9-10 249 Council agreed to discuss this matter in Closed Session at the conclusion of this meeting. Mr. Phillip Cotton was denied a tow truck driver's license based upon results of his background investigation. ADD ITEMS I AWARD OF EMERGENCY INFORMAL BID - SOUTHERN HEIGHTS BLVD. ROADWAY SLIDE REPAIR, PROJECT NO - - File 4-1-336 Public Works Director Bernardi informed the Council that recently a portion of Southern Heights Boulevard near Bret Harte Road was closed due to a slide which took out part of the roadway. Informal bids were requested for the emergency roadway repair. The low bid was from Piombo General Engineering Contractor, Inc., for $5,967.50, and since the City Charter limits informal bids to $5,000 staff is requesting authorization to proceed with the work on an emergency basis. Gas tax funds are available for this project. Councilmember Miskimen moved and Councilmember Breiner seconded, to approve the low informal bid of Piombo General Contractor, Inc., for the emergency roadway repair on Southern Heights Boulevard in the amount of $5,967.50. AYES: COUNC ILMEMBERS: Brei ner, Frugol i , Mi skimen & Acti ng Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mul ryan II STATUS REPORT ON STORM DAMAGE (PW) - File 205 Council accepted an informational report from Public Works Director Bernardi, recapping the storm -related damage over the past two months. III SPECIAL COUNTY ELECTION, MARCH 8, 1983 (CM) - File 9-4 City Manager Beyer reported to the Council that at the special County election on March 8th approval of an increase in the Paramedic service is being put before the voters. If this does not pass, discontinuance of the service will be necessary, since the present $12.00 tax does not cover the cost of the program. An,ini1RNMFNT File 109 Council adjourned in memory of Margaret Stratford, four-year-old daughter of Library Director Vaughn Stratford, who passed away suddenly the week before last. CLOSED SESSION 19. Council adjourned to Closed Session to discuss Item 17, Appeal of Denial of Tow Truck Operator's Permit (Phillip Cotton). Council then reconvened in public, and Councilmember Frugoli moved and Councilmember Breiner seconded, to deny the application of Phillip Cotton for a tow truck driver's license. AYES: COUNC ILMEMBERS: Brei ner, Frugol i , Mi skimen & Acti ng Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILME4BERS: Mayor Mul ryan N M. LEONC IN , City Clerk APPROVED THIS All DAY OF 1983 , kvc ti ng m ayo i 250 In Conference Room 201 of the San Rafael City Hall, Monday, March 21, 1983, Special Meeting: Present: Lawrence E. Mul ryan, Mayor Dorothy L. Breiner, Councilrr Gary R. Frugoli, Councilmemt Fred E. Jensen, Councilmembe John A. Miskimen, Councilmerr Also Present: Robert F. Beyer, City Manager; Jeanne M. Leonci ni , City Clerk RE: INTERVIEWS OF APPLICANTS FOR VACANCY ON PARK AND RECREATION COMMISSION (Rec) - 9-2-4 The Council interviewed applicants for the vacancy on the Park and Recreation Commission which was caused by the resignation of Norah Freitas, whose term was due to expire in October 1984. Those interviewed were as follows: James P. Mannion Karen Montgomery Patrick J. Webb After discussion Councilmember Frugoli moved and Councilmember Breiner seconded, to appoint Patrick J. Webb to serve on the Park and Recreation Commission, to fill the unexpired term to October 1984. AYES: COUNC ILMEMBERS: Brei ner, Frugol i , Jensen, Mi ski men & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 1 � �;AM I ki 1106 M Axek APPROVED THIS DAY OF 1983 MAYORA *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, March 21, 1983, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Frugoli moved and Councilmember Miskimen seconded, to approve the recommended action on the following consent calendar items: I tem 1. Approval of Minutes of Regular Meeting of February 22, Special Joint Meeting of March 2, and Special & Special Joint Meetings of March 7, 1983 (CC) 2. Resolution of Appreciation - Norah Freitas, Park and Recreation Commissioner (Rec) - File 102 x 9-2-4 3. Expiration of Terms: (CC) a. Three Members of Board of Library Trustees - File 9-2-3 b. Two Members of Cultural Affairs Commission - File 9-2-24 Recommended Action Approved as submitted. RESOLUTION NO. 6497 - RESOLUTION OF APPRECIATION (Park & Recreation Commissioner Norah Freitas, on her resignation from Commission) Set interviews for 7:00 PM on April 4, 1983, re reappointment. a. Alice Dalbey, Elizabeth H. Grasham & James S. Breenan. b. Daniel J. Mardesich & Suzanna Pollak. 4. Resolution of Findings re Denial of Billboard (Metromedia) (CA) - File 3-3-35 5. Authorization to Call for Bids - Elizabeth Way Storm Drain Improvement, Proj. No. 19-1998604007 (PW) - File 4-1-337 6. Claims for Damages: (PW) a. Ezilda M. Torre - File 3-1-747 b. R. M. Bloom - File 3-1-750 7. Status Report on Proposed Water Slide at McInnis Park (CM) - File 215 251 RESOLUTION NO. 6498 - DENYING WITHOUT PREJUDICE AN APPLICATION TO REPLACE A BILLBOARD Approved call for bids. Approved R. L. Kautz & Co. recommend- ations for denial of claims. Accepted status report, and directed staff to continue to work with County staff. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Councilmember Miskimen, regarding minutes of Special Joint meeting of March 2, 1983. Mayor Mulryan, regarding minutes of Special and Special Joint meetings of March 7, 1983. 8. SPECIAL PRESENTATION - File 102 x 9-2-4 Mayor Mulryan presented Resolution No. 6497 - Resolution of Appreciation, to Norah Freitas, who resigned from the Park and Recreation Commission due to press of business. Mayor Mulryan expressed the City's appreciation for her participation in Park and Recreation matters, and assured her that she would be welcomed back if her business commitments permit it in the future. 9. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 1526 FIFTH AVENUE (PW) - Pilo 1'A-1-1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi addressed the Council, sitting as the Board of Appeals, inform- ing them that an appeal was filed by Dr. Michael Aaronson, who is proposing remodeling office space at 1526 Fifth Avenue, to accommodate his dental practice. Concurrently, the owner of the building, Dr. Gery Grey, is proposing to remodel the exterior of the building, including provisions for a handicapped entryway. Dr. Aaronson's work is estimated to cost $12,500, exclusive of the restroom, and to remodel the restroom for handicapped would be $8,000. Dr. Grey's remodeling is estimated to cost $50,000. Staff's position is that the requirement does not constitute an unreasonable burden, and that the appeal should be denied. Dr. Aaronson stated that his leasing of the space is contingent upon the remodeling. He explained that the restroom is centrally located within the suite, so in order to expand it into a handicapped restroom he would have to take essential space from the rooms at either side. Dr. Aaronson feels that the two remodeling projects are separate, one being simply exterior and having nothing to do with the other and, therefore, the ratio as far as expense is concerned should be the $8,000 for the restroom against the $12,500 for his total project. Dr. Gery Grey then spoke, concurring in Dr. Aaronson's remarks, and asked that the two projects be considered separately. Public Works Director Bernardi informed the Board of Appeals that if they feel that the projects are separate, and that Dr. Aaronson's does not have a relationship to Dr. Grey's, a determination can be made that there would be a hardship involved. Dr. Grey pointed out that the restroom would not serve the whole building, but the two on the lower floor only, which in turn would provide a security problem because of the floor plan. There being no further public input, the hearing was closed. Councilmember Jensen moved and Councilmember Breiner seconded, to sustain the appeal because of the high cost, and direct staff to bring back a Resolution with Findings for the April 4, 1983 meeting. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 1545 FOURTH ST. (PW) - File 13-1-1 Mayor Mulryan declared the public hearing opened. 252 Public Works Director Bernardi addressed the Council, sitting as the Board of Appeals, that in this particular case the provision of a handicapped access restroom would represent an unreasonable hardship. The project involves remodeling of a store front into a hot dog res- taurant, and is estimated to cost $11,000. Access requirements would require the existing restroom be enlarged which would cost approximately $5,000. Staff, therefore, is recommending that the appeal be upheld. There being no public input, the hearing was closed. Councilmember Frugoli moved and Councilmember Miskimen seconded, to grant the appeal and direct staff to prepare an appropriate Resolution with Findings, to bring back to the April 4, 1983 meeting. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. PUBLIC HEARING - ABATEMENT OF NUISANCE (SLIDE) - 22 CALA VISTA DR. (PW) - File 3-3-37 x 4-1-338 Mayor Mulryan declared the public hearing opened. Public Works Director informed the Council that during the January 4, 1982 storm the property at 22 Cala Vista Drive suffered a large landslide to the rear of the property. The slide has since remained unrepaired, and endangers adjacent properties and the City street below, which is Reservoir Road. The homeowner was unable to make the necessary slide repairs, and it now appears that the bank holding the mortgage, Anaheim Savings, will not do so either. Mr. Bernardi referred to a letter which was furnished to the Council, from Donald Herzog & Asso- ciates, Inc., Geotechnical Consultants, indicating that their estimate for the cost to do the work which they are recommending, would be from $50,000 to $ 75,000. They also feel that there is a potential for additional sliding which could cause damage to the residence or adjacent properties and are therefore recommending that the repair work be done. Mrs. June Meibergen of 160 Reservoir Road, stated that she feels the slide is dangerous, and noted that her property is on Reservoir Road, which is below the slide area. There being no further public input the hearing was closed. After discussion, Councilmember Breiner moved and Councilmembr Miskimen seconded, to approve the staff recommendations, to determine that the slide is a public nuisance and require that the property owner commence permanent repairs to the property within 30 days. If the work has not been commenced within the 30 days, Public Works is authorized to obtain a final soils report, plan for the repair of the landslide and contract to have the slide repaired. Further, a lien shall be recorded against the property for all City expenses. Staff is directed to bring an appropriate Resolution with Findings for adoption at the April 4th meeting. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. PUBLIC HEARING - REZONING (782-19) COTTAGE HOSPITAL SITE, 1120 NYE ST. AT MISSION AVE. FROM: R-3 MULTIPLE FAMILY RESIDENTIAL DISTRICT, TO: C-1 RESTRICTED COMMERCIAL DISTRICT: AP 11-223-11: INITIATED BY BANK PROPERTIES c/o RICHARD K. ROBBINS. OWNER: - riie lu- Mayor Mulryan declared the public hearing opened. Planning Director Moore informed the Council that the Planning Commission recommended to the City Council the certification of a Negative Declaration and zone change from R-3 to C-1 District for the property in question. Additionally, the Planning Commission has conditionally approved Use Permit, Design Review and Variance applications for conversion of "The Cottage" to office and bank use subject to Council approval of the rezoning. Melvin Marlowe, owner of an office building at the Northeast corner of Mission and Nye, stated that he welcomes the project, but would recommend traffic control of some sort at the corner, to enable north/south pedestrian traffic to cross Mission Avenue. He suggested a traffic light. Public Works Director Bernardi stated the Traffic Committee has not looked into this previously, but it appears there is not enough traffic on Nye St. to justify a traffic light. Normally there must be traffic in all directions before a traffic signal is considered. However, he promised they will look at it again, make some counts, and also analyze what impact the new project may have on traffic at that intersection. There being no further public input, the hearing was closed. Councilmember Jensen moved and Councilmember Miskimen seconded, to certify a Negative Declar- ation. AYES: NOES: ABSENT: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mi COUNCILMEMBERS: None COUNCILMEMBERS: None 253 An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain real Property from R-3 (Multiple Family Residential) District to C-1 (Restricted Commercial) District - 1120 Nye St., "The Cottage", and numbering Charter Ordinance No. 1450, was read, introduced, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. PUBLIC HEARING - Z82-4 - CHANGE IN ZONE DISTRICT FROM "U" (UNCLASSIFIED) TO P -D (PLANNED DEVELOPMENT) DISTRICT FOR OFFICE/RESIDENTIAL COMPLEX - CIVIC CENTER PLAZA; CIVIC CENTER DRIVE: CIVIC CENTER VENTURERS, OWNER; DAVID SARGENT, REP.; AP 180-121-34 & 35 (P1) - File 10-3 Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed the Council on the project stating that this is No. 2 of the "Big 3" East of the Highway. This project is immediately to the North of Civic Center Plaza. The third project, Northgate East, Phase II, is scheduled to come before the Council on April 4th. i The only potentially significant impact would be traffic, which was adequately addressed in the Northgate Activity Plan EIR. Also, the project would utilize the private roadway located to the north of the site, as a secondary access to the office component of the project and as the sole access to the townhouses. Based upon a recorded agreement with the Scettrini family, the original owners of the property, the City has the ability to request public dedication of the right-of-way at any time. The applicant has asked that the City formally request dedication of the roadway at this time in order to enable the Civic Center Plaza to take access from the roadway. The Traffic Engineer finds the public use of this roadway absolutely necessary for the coordinated circulation in the area. Staff is therefore recommending that the Council request the dedication at this time. The improvement of the right-of-way would be made by the developer. Regarding the traffic mitigation, Ms. Moore informed the Council that staff has recommended a condition requiring this developer's commitment with the two other proposed developments on Civic Center Drive, Northgate East Expansion and Civic Center North, to finance the needed Merrydale Overpass improvement. In recapping, Ms. Moore indicated that the three recommended actions before the Council are: 1) Certify that project impacts are adequately addressed in the Northgate Activity Center Plan EIR and Project Initial Study; 2) Adopt Ordinance rezoning property from "U" (Unclassified) to P -D (Planned Development) District; and 3) Formally request adjacent property owners to dedi- cate the private roadway to the East of the project site pursuant to earlier agreement. Councilmember Breiner inquired about "periodic City review" with regard to zoning and use permit approvals to insure compliance with the Transportation Systems Management (TSM) program. Ms. Moore responded that through the business license approval process the City has control over changes in intensity, and in that manner can insure compliance with the TSM program. She feels that a coordinator for the TSM program is necessary for the various projects and to control new tenants and changes in occupancy and density. John Roberto of John Roberto Associates, spoke with regard to the time frame regarding the { rezoning, which states that the rezoning shall be valid for 18 months, or until May 23, 1984. He requested that it be changed to September 1984. Ms. Moore responded that the time frame should be the same for all three of the major projects, and there would be no problem changing that date. Ailene Taylor, speaking for the San Rafael Housing Corporation, urged that low market rate housing be considered in connection with this project, as well as Civic Center North. Mayor Mulryan asked Ms. Moore if this had been discussed, and she replied that it has only been discussed informally, and had not been made a requirement. Mayor Mulryan felt that an attempt should be made. Mr. Roberto informed the Council that they had tried to take affordability into consideration, and in the design phase attempted to address the concept. Architect James Ring informed the Council that the repetitiveness of the design of the units will reduce the cost, and also the fact that there will not be pools but will be play areas. Mayor Mulryan inquired about the size of the units and Mr. Ring responded they will be 1200 to 1400 feet, with a two -car garage for each condominium unit. There being no further public input, the hearing was closed. Councilmember Jensen moved and Councilmember Frugoli seconded, to certify that project impacts are adequately addressed in the Northgate Activity Center Plan EIR and Project Initial Study. 254 AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from "U" (Unclassified) to P -D (Planned Development) District - Civic Center Plaza, and numbering Charter Ordinance No. 1451, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner moved and Councilmember Frugoli seconded, to formally request the adja- cent property owners, the Scettrini family, to dedicate the private property to the east of the project site, pursuant to the earlier agreement. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. PROPOSED ORDINANCE REGULATING CAMPAIGN CONTRIBUTIONS (CA) - File 9-4-2 x 9-3-16 Mayor Mulryan declared the public hearing opened. There being no public input the hearing was closed. Mayor Mulryan stated that City Attorney Duggan has proposed this Ordinance, to regulate individual campaign contributions. Councilmember Frugoli stated his opposition, since the Ordinance does not control or limit spending, and therefore a candidate could simply have more people contribute less. Council - member Jensen agreed. An Ordinance of the City of San Rafael, Amending Title 2, Entitled "Administration" by Adding Thereto Chapter 2.38 Relating to Municipal Election Campaign Contribution Control, and number- ing Charter Ordinance No. 1452, was read, introduced and ordered passed to print by the fol- lowing vote, to wit: AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli & Jensen ABSENT: COUNCILMEMBERS: None 20. RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF SAN RAFAEL CERTIFICATE OF DEPOSIT REVENUE BONDS TO FINANCE THE CONSTRUCTION OF AN OFFICE BUILDING BY EQUIREAL DEVELOPMENT - riie u-zc City Manager Beyer informed the Council that the resolution he is now proposing for adoption authorizes the issuance, sale and delivery of City of San Rafael Certificate of Deposit Revenue Bonds to finance the acquisition and contruction of E1 Marinero II project on North San Pedro Road. Previously the Council had adoted Resolution No. 6414, an inducement Resolution support- ing the issuance of Revenue Bonds for E1 Marinero II. A public hearing has been scheduled for April 4, 1983, for IRS purposes concerning the issuance of the Certificate of Deposit for the bonds. Attorney Robert Feyer of the firm of Orrick, Herrington & Sutcliffe, informed the Council that there are no problems with this matter, and that this proposed Resolution is the second step in the issuance of the Certificate of Deposit Revenue Bonds. The public hearing on April 4th will be the next procedural step. RESOLUTION NO. 6499 - AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF SAN RAFAEL CERTI- FICATE OF DEPOSIT REVENUE BONDS TO FINANCE THE CONSTRUCTION OF AN OFFICE BUILDING BY EQUIREAL DEVELOPMENT CORPORATION (EL MARINERO II PROJECT) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. REQUEST FOR APPROVAL OF PICKLEWEED PARK COMMUNITY CENTER PLAN AND AUTHORIZATION TO GO TO BID Rec - File 2-1-55 x 4-1-339 Council considered a staff report from City Manager Beyer, indicating that the Pickleweed Park Community Center project is ready to go to bid. The history of this project goes back several years and reflects a commitment of the Council to the Canal community. Mr. Beyer pointed out that the City will be liable for the operating costs of the Center when completed. RESOLUTION NO. 6500 - APPROVING THE PICKLEWEED PARK COMMUNITY CENTER PLANS AND AUTHORIZING STAFF TO BID THE PROJECT i 255 AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. CC81-19 - CERTIFICATE OF COMPLIANCE; 347 PROSPECT DRIVE; D.G. DURYEE, OWNER; RICK SAMSON, REP. AP 11-033-40 P1 - File 10-2 x 10-6 Planning Director Moore briefed the Council on the matter, dating back to January of 1982 when the Planning Commission denied a Certificate of Compliance for the parcel, a 4,038 square foot lot created by deed in 1960. In February, when the applicant's appeal was heard by the Council, the Council found that the Certificate should be granted if the property could be reasonably developed. The Council directed that Planning Commission review plans for develop- ment of the proposed residence. On January 25, 1983, Planning Commission conditionally ap- proved a use permit for the project, and recommended that the Council issue the Certificate of Compliance with conditions. Staff has reviewed soils, drainage, sight distance and privacy concerns and found them not significant. Staff has concluded that the small residence proposed can be safely developed within spatial requirements of the zoning district. Planning Commission has also directed staff to prepare standardized procedures and criteria for reviewing such lots; otherwise, the granting of such Certificates could erode the integrity of the Zoning and Subdivision ordinances. Several neighbors expressed concerns regarding runoff because of the proposed structure, and problems with parking, and also questioned the soils stability. Rick Samson, representing the developer, informed the Council that the runoff situation is being reduced by the project, and that five offstreet parking spaces are being provided, which will alleviate the problem in the neighborhood. Councilmember Breiner stated that she cannot vote affirmatively for the project, because of the ratio of the size of the lot to the slope. Councilmember Frugoli moved and Council - member Miskimen seconded, to adopt the proposed Resolution certifying a Negative Declaration and conditionally approving a Certificate of Compliance; and, further, concurring with the Planning Commission and directing staff to prepare standardized procedures and criteria for evaluating the development potential of such small lots. ESOLUTION NO. 6501 - CONDITIONALLY APPROVING CC81-19: CERTIFICATE OF COMPLIANCE FOR 347 PROSPECT DRIVE AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None 17. ORDINANCE RE SAN RAFAEL YACHT CLUB LEASE (CA) - File 2-8-11 Item continued to the April 4th meeting. Councilmember Jensen moved and Councilmember Miskimen seconded, to extend the San Rafael Yacht Club lease to April 11, 1983. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. ORDINANCES RE: CIVIC CENTER NORTH (P1) - File 10-1 a. Final Adoption - Ordinance No. 1448 - Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Prezone Certain Real Property from the County of Marin Zone BFC: RSP -4.36 (Bay Front Conservation, Single Family Planned Residential) District to P -D (Planed Development) District - Civic Center North. b. Final Adoption - Ordinance No. 1449 - Amending the Zoning Mp of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from "U" (Unclassified) District to P -D (Planned Development) District - Civic Center North. Councilmember Jensen moved and Councilmember Frugoli seconded, to approve final adoption of Ordinance No. 1448. Under question, Councilmember Breiner proposed a revision to Condition (1) which deals with the vehicular bridge. Mrs. Breiner felt that it should reflect the fact that the City would reserve the right to require construction, or provision for future construction, of the vehic- ular bridge, as a condition of any future approval for the hotel parcel. Councilmember Jensen was of the opinion that a such change would require re -noticing and re -publishing of the Ordinance. However, Assistant City Attorney Stewart Andrew stated he would not consider this a substantive change. 256 Attorney Albert Bianchi, representing the First National State Bank of New Jersey, owners of the property in question, stated he has concerns regarding the new language being suggested. He felt it is stronger than even the County language. He felt that the future need for a vehicular bridge would not be created by the proposed hotel, but by the County because of activities at the Marin County Civic Center. Therefore, he questions whether there should be a burden imposed forcibly upon the hotel for the provision of the vehicular bridge, if there should be a decision to have such a bridge. Also, the hotel parking has been carefully calcu- lated, and a vehicular bridge would no doubt add more cars when motorists would use the hotel parking when attending functions at the Civic Center. This would also result in problems of litter, policing and security. Mr. Bianchi also felt that the County should be brought into the picture when and if such a bridge is considered, since so much of the impact would be from their activities. Councilmember Breiner stated she did not intend to exclude the County from any such discussion, and they would certainly be included. Mrs. Breiner asked Mr. Bianchi if he would prefer some wording about the County's participation, and Mr. Bianchi replied he would be satisfied with a reference about the developer, the City and the County working together toward contributions if it were deemed necessary by the City. Mr. Bianchi added that he feels it should be the City's decision whether the bridge is required, if at all. Councilmember Miskimen recommended that the sentence in question be revised to read, "Prior to the approval of a design review application for the hotel complex, the decision will be made regarding whether to upgrade the bridge to a vehicular structure, and County particpation thereof." Mayor Mulryan again asked Assistant City Attorney Andrew for his opinion as to whether this amendment as stated was a substantive change. Mr. Andrew stated that in his opinion this would not be considered substantive, since it is essentially what had been agreed upon previously and since the developer agrees with this amended wording. Before voting, Mrs. Breiner felt that an inconsistency exists regarding the low density acreage. Planning Director Moore informed the Council that a discrepancy was found in the developer's submitted Development Booklet, and that the accurate acreage figure for the low density residential area is 35 acres. (Page 22 of the Booklet). Ms. Moore added that a letter was being sent to the Mayor from Supervisor Bob Roumiguiere regarding certain County comments about the last meeting, and that it can be taken care of by a memo to the file. Councilmember Jensen accepted the amendment, as did Councilmember Frugoli, who had seconded the motion. Ordinance No. 1448 - Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Prezone Certain Real Property from the County of Marin Zone BFC:4.36 (Bay front Conservation, Single Family Planned Residential) District to P -D (Planned Development) District -Civic Center North, was adopted, as amended, as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Ordinance No. 1449 - Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from "U" (Unclassified) District to P -D (Planned Development) District -Civic Center North, was adopted, as amended, as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19. STATUS REPORT RE PLANNING AND SPHERE OF INFLUENCE MATTERS: (P1) - File 191 a. North San Rafael Plan b. Luiz/Grady - Big Rock Annexation c. Bacciocco Daphne LAFCo Study d. LAFCo Special District Sphere of Influence Study It was agreed that no action would be taken on this report, but staff will make a report on developments in the near future. (Councilmember Miskimen left meeting) 25-7 21. CONSIDERATION OF IMPACT OF SAN QUENTIN PRISON'S PROPOSED TENT CITY ON THE CITY OF SAN RAFAEL - File 13-1 Councilmember Breiner expressed concern regarding the proposed sanitation facilities for the proposed tent city at San Quentin, and what impact it would have on the City of San Rafael. Staff was asked to obtain details including overcrowding, and report back on any possible impacts on the City. 22. DISCUSSION RE PROPOSED HIGHWAY 101 CORRIDOR PLAN AND PROGRAM, PHASE I (P1) - File 11-16 This item was continued to the April 4th meeting for City and County staffs to have an oppor- tunity to meet and discuss. (Councilmember Miskimen returned) 23. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-2 Councilmember Breiner moved and Councilmembr Frugoli seconded, to send a letter to the legislature, over Mayor Mulryan's signature, supporting SB 378 (Marks/McCorquodale) LAFCo Fees for Processing Annexations, and AB 498 (Cortese) LAFCo Sphere of Influence - Urgency Legislation. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Miskimen moved and Councilmember Frugoli seconded, to oppose AB 487 (Chacon) Polygraph Tests: Public Employees, and AB 674 (Filante) Municipal Water Districts: Power Generation. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The Council adjourned to Closed Session to discuss pending litigation. E M. LEONCIN , CITY CLERK APPROVED THIS *1_ DAY OF 1983 MAYOR OF THE CITY 0 SANMFA`EL *** *** *** *** *** *** *** *** In Conference Room 201 of the San Rafael City Hall, Monday, April 4, 1983, at 7:00 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember (Arr. 7:20 PM) Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk RE: INTERVIEWS OF APPLICANTS FOR COMMISSION VACANCIES (CC 1. BOARD OF LIBRARY TRUSTEES - File 9-2-3 Council interviewed Alice Dalbey, Elizabeth D. Grasham and James S. Greenan, members of the Board of Library Trustees, all of whom had indicated their willingness to serve another four-year term. Councilmember Jensen moved and Councilmember Frugoli seconded, to approve reappointment of Alice Dalbey, Elizabeth D. Grasham and James S. Greenan to the Board of Library Trustees for additional four-year terms ending in April 1987. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 258 2. CULTURAL AFFAIRS COMMISSION - File 9-2-24 Council interviewed Daniel J. Mardesich, Cultural Affairs Commissioner, who had indicated his willingness to be reappointed for another four-year term. Councilmember Jensen moved and Councilmember Breiner seconded, to approve reappointment of Daniel J. Mardesich for a four-year term ending in April 1987. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen (Councilmember Miskimen arrived) Council then interviewed Suzanna Pollak, Cultural Affairs Commissioner, who also had indicated her willingness to be reappointed for another four-year term. Councilmember Breiner moved and Councilmember Miskimen seconded, to approve reappointment of Suzanna Pollak for a four-year term ending in April 1987. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ol ANNE M. L NCINI, City Clerk APPROVED THIS / DAY OF 1983 MAYOR OF THE CITY OF SAN RA EL *** ** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, April 4, 1983, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Frugoli moved and Councilmember Breiner seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Regular Meeting of March 7, and Special & Regular Meetings of March 21, 1983 (CC) 2. Transfer of Funds to Business Improvement District (BID) (Fin) - File 183-8-14 3. Application for State Office of Traffic Safety Grant (PW) - File 4-10-173 (To assist Public Works Dept. in updating its Traffic Engineering Data Base) 4. Resolution of Findings for Abatement of Nuisance (Slide) - 22 Cala Vista Dr. (PW) - File 3-3-37 x 4-1-338 5. Appeal of Handicapped Access Requirements - 1117 Fourth St. (PW) - File 13-1-1 Recommended Action Approved as submitted. Approved transfer of $5,546.28, which City collected for the BID, to the BID per agreement. RESOLUTION NO. 6502 - AUTHORIZING APPLICATION TO STATE OFFICE OF TRAFFIC SAFETY (For grant of $38,200 to enable hiring of fulltime Assistant Traffic Engineer for 12 -month period) RESOLUTION NO. 6503 - ORDERING ABATE- MENT OF NUISANCE AT 22 CALA VISTA DRIVE, AP #12-132-01 Set public hearing for Monday, April 18, 1983. 17. Resolution of Findings on capped Access Requirements (PW) - File 13-1-1 259 Appeal of Handi- RESOLUTION NO. 6504 - CITY COUNCIL - 1545 Fourth St. (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS - 1545 FOURTH ST. 8. Resolution of Findings on Appeal of Handicapped Access Requirements - 1526 Fifth Ave. (PW) - FiIP 13-1-1 9. Authorization for Purchase of Sweeper for Parking Structure at Third & "A" Streets (PW) - File 4-2-179 10. Resolution of Appreciation - Miriam P. Martin, Retired Librarian (Lib) - File 102 x 9-3-61 11. Resolutions of Appreciation for: (PD) File 102 x 9-3-30 a. Sherman Wm. Hool, Retired Sergeant b. Frederick George Castillo, Resigned Corporal c. John Vernon Mandler, Retired Officer 12. Claim for Damages - Rhonda Given Rutherford (Rec) - File 3-1-757 13. Resolution Authorizing Mayor to Sign Dis- claimer of Interest in Compensation in a Condemnation Action Entitled "Central Marin Sanitation Agency vs. Fred Grange, et al", on Behalf of the City and East San Rafael Drainage Assessment District No. 1 (CA) - File 6-22 14. Request for Approval of Out -of -State Travel for Training (PW) - File 7-4 x 9-3-40 RESOLUTION NO. 6505 - CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS - 1526 FIFTH Authorized, by motion, purchase of sweeper recommended by staff for use in Parking Structure at Third & "A" Sts. Cost is $20,000 w/$2,000 "given" in new brushes, etc. RESOLUTION NO. 6506 - APPRECIATION - MIRIAM P. MARTIN RESOLUTION NO. 6507 - APPRECIATION, RETIRED POLICE SERGEANT SHERMAN WM. HOOL RESOLUTION NO. 6508 - APPRECIATION, RESIGNED POLICE CORPORAL FREDERICK GEORGE CASTILLO RESOLUTION NO. 6509 - APPRECIATION, RETIRED POLICE OFFICER JOHN VERNON MANDLER Approved R.L. Kautz & Co. recommend- ation for denial of claim. RESOLUTION NO. 6510 - AUTHORIZING MAYOR OF THE CITY OF SAN RAFAEL AND THE EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 A DISCLAIMER OF INTEREST IN CONDEMNATION IN THE LAWSUIT ENTITLED "CENTRAL MARIN SANITATION AGENCY vs. FRED GRANGE, ET AL" Approved Wm. Plummer, City Electrician, attending course in Gary, Indiana, on maintenance & servicing of air conditioning & refrigeration units, which he can put into use in City installations. City to pay cost of lodging, meals & car rental. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 6. AWARD OF BIDS - JANITORIAL SERVICES FOR CITY HALL/LIBRARY/1313 FIFTH AVE. (GS) - File 4-3-100 x 4-3-101 Assistant to the City Manager Barbier informed the Council that Gonvar Building Maintenance Co. was the low bidder for the City Hall and Library janitorial service for a yearly amount of $19,200. However, Gonvar has informed staff that they had made an error in their calculations and wished to withdraw their bid. The low bidder for 1313 Fifth Avenue was Marin Supply Company for a yearly amount of $900. Mr. Barbier informed the Council that the next lowest bidder for City Hall and Library is Able Building Maintenance of San Francisco, who bid $19,200 for City Hall and $7,800 for the Library per annum. Mr. Barbier recommended that Council approve awarding the bids to Able Building Maintenance and Marin Supply Co. RESOLUTION NO. 6511 - AUTHORIZING JANITORIAL SERVICES FOR CITY HALL, THE LIBRARY AND 1313 FIFTH AVENUE (To Able Building Maintenance of San Francisco, for a yearly cost of $19,200 for City Hall and $7,800 for the Library; and to Marin Supply Co. of San Anselmo for 1313 Fifth Avenue at a yearly cost of $900) 260 AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. PUBLIC HEARING FOR BOND ISSUE FOR EL MARINERO II PROJECT, LOCATED AT 10 AND 20 NORTH SAN PEDRO ROAD CMF --File 8-22 Mayor Mulryan declared the public hearing opened. There being no public input the hearing was closed. RESOLUTION NO. 6512 - APPROVING ISSUANCE OF INDUSTRIAL DEVELOPMENT BONDS FOR THE EL MARINERO II PROJECT AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. PUBLIC HEARING - APPEAL OF PLANNING COMMI ED82-89 - 95 UNIT RESIDENTIAL CONDO COMP CCDCI ICfIAI 01.I1\]CD. DUTI TD ADChi f1 Q. I AIIDCAI LIT lU-J X IU -5 X IU-/ ION DENIAL OF "CENTERTOWN" (Z82-18 UP82791 Y CnD TWC CI nCD1 V TUT On P. r CTDCCTC. D I I C Mayor Mulryan declared the public hearing opened. .: AN 11- - vi ie Planning Director Moore briefed the Council, outlining Planning Commission concerns, which are the reason for their denial of the rezoning, use permit and design review applications. The concerns are: 1) The parking proposed, which is .62 spaces per unit on site, is insufficient for market rate senior ownership occupancy; 2) The parking is clearly insufficient for non -senior -restricted occupany if the units do not sell to seniors; and 3) The project is located downtown, where lack of on-site parking would lead to use of limited on -street and parking structure spaces which would otherwise be used by downtown customers or employees. Ms. Moore informed the Council that the applicants were requested by the Planning Commission, in January of this year, to provide a market analysis to identify senior interest in the proposed project, and parking information from comparable market rate senior condominiums to determine a proper parking ratio for the proposed project. This information has not been provided by the applicant. Actually, no projects of this sort have been built in the San Francisco area. While there is such a project in Walnut Creek, staff feels that Walnut Creek and San Rafael are not comparable, since Walnut Creek has transit accessibility which is far above that in San Rafael. Don Brown, representing Bromac, the developers of the project, addressed the Council, stating that the plan is feasible in his estimation, with the planned parking, adding that Gunther House, which is co -owned by Bromac, is willing to let Centertown use eight extra spaces on holidays and weekends. Also, after the 62nd parking space has been taken, the developers will agree not to sell a unit to anyone with a car. Mr. Brown called the Council's attention to 57 petitions from people 60 years and over, in favor of Centertown. He feels that the design is a very desirable one for seniors, and pointed out that they will be at the mid -$60,000 per unit level. A van pool will be available for residents' use. There being no further public input the hearing was closed. After discussion Councilmember Jensen moved and Councilmember Miskimen seconded, to sustain the appeal and refer the matter back to the Planning Commission to work out the parking ideas as outlined by the developer. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. PUBLIC HEARING - APPEAL OF USE PERMIT (UP82-61) 4040 CIVIC CENTER DRIVE "NORTHGATE EAST PHASE II". AP 180-121-38. 44 AND PTN. OF 43; EQUITEC. TIBURON. APPELLANT: HANS KUHNI. REP.: STOP - vi ie lu- Mayor Mulryan declared the public hearing opened. 261 Planning Director Moore informed the Council that the applicant has appealed the Planning Commission's conditional approval of the use permit and has requested that Condition (b) of UP82-61 be deleted in its entirety. Condition (b) requires that the developer commit to finance, along with other major developments along Civic Center Drive, the Merrydale/ Freitas interchange improvments through either the formation of an assessment district and/or payment of traffic mitigation fees. A similar condition was attached to both Civic Center North and Civic Center Plaza project approvals recently granted by the City Council. However, this appellant claims that Condition (b) is unreasonable, unjustified and prohibitive and requests that the condition be deleted in its entirety. Ms. Moore stated that this would represent a special privilege. Ms. Moore pointed out that neither on January 25, 1983 when the Planning Commission made an environmental determination for this project, nor on March 15, 1983 when the Planning Commission held a public hearing on the merits of Northgate East Phase II, did the appellant express opposition to the proposed Condition (b) for the use permit. Mayor Mulryan inquired whether an assessment district has been explored fully, so that all of the involved developments could go ahead together on the formation of one. Ms. Moore responded that this has been gone into extensively, and that attorney Edwin Ness has met with all of the developers in question. She pointed out that the developers have 18 months in which to pay or indicate they are interested in an assessment district; that is, 18 months from the first approval of the major projects. Staff will assist if the developers indicate they wish to form an assessment district. Attorney Joseph Lemon, representing Equitec, informed the Council that this appeal is based upon the amount of the traffic mitigation fees, since they were originally $1.71 per square foot in May of 1981, and have been increased to $5.05 per square foot, which he does not feel is equitable. Mr. Lemon stated that Equitec is not adverse to an assessment district, but he feels that the Council should control the traffic mitigation fees. Mr. Lemon indicated that the $5.05 per square foot is more than the appellant can afford to pay. There being no further public input, the public portion was closed. Council discussed the timing of the interchange project and Public Works Director Bernardi informed the Council that because of the new administration in Sacramento, and a new State Transportation Director just recently being chosen, he has not received a reply to his inquiry about CalTrans' participation. However, the project is in preparation and will be ready to go to bid within a year whether or not CalTrans allocates any funds, and whether or not there is an assessment district. There will be a two-year construction period. Councilmember Frugoli inquired about the HOV lanes, and Mr. Bernardi indicated that project should be completed in about two years. Council agreed to continue the public hearing to April 18, 1983, with staff meanwhile working with the developers regarding formation of an assessment district. 18. FINAL EIR FOR TISCORNIA MARINA; EAST CANAL STREET; TISCORNIA ESTATE CO. & SANTA BARBARA SAVINGS & LOAN, OWNERS; WALLER ASSOC., REP.; AP 9-142-01, 9-071-02 & 03, & Ptn. 04 & 07 (P1) - File 10-6 Planning Director Moore informed the Council that this item regards the certification of a Final EIR for the development of a 350 berth marina with associated parking, a public pier, a harbormaster's office, and access to the shoreline band. In November of 1982 the Planning Commission chose not to certify the EIR because all project applications had been withdrawn, and this decision was appealed to the City Council who referred the item back to the Planning Commission for further consideration and recommendation. On March 15, 1983, the Planning Commission reviewed the Final EIR on the marina project, finding that the document had been prepared in accordance with CEQA, and that it addressed all environmental issues, concludes that the project would result in two unavoidable adverse impacts, and identifies project alternatives. The Planning Commission also found that although there is no project activity proposed, they could make no finding of overriding consideration as required by the California Environmental Quality Act (CEQA), as adverse impacts cannot be mitigated to acceptable levels and such impacts outweigh the benefits of the project. The Planning Commission also found that, although the EIR is adequate for the Tiscornia Marina proposal, circumstances may be changed at the time of any future application, thus requiring a new environmental initial study. Staff is therefore recommending that the Council adopt a proposed resolution certifying the Final EIR for the Tiscornia Marina project. Two residents of the area voiced objections to the Marina. Mayor Mulryan informed them that at this point there is no marina project, and that the purpose of this discussion is regarding certification of the EIR. RESOLUTION NO. 6513 - CERTIFYING THE FINAL EIR FOR THE TISCORNIA MARINA PROJECT AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Breiner 262 Councilmember Breiner stated that she feels it is not appropriate to vote on an EIR for a project which is not going forward. 19. AWARD OF BIDS - RADIO COMMUNICATION EQUIPMENT FOR PUBLIC WORKS, FIRE AND POLICE DEPARTMENTS S - File 4-2-173 Assistant to the City Manager Barbier informed the Council that, with regard to the purchase of various pieces of radio equipment for the Police, Fire and Public Works Departments, a total of 127 items were bid by five vendors for ten different types of radio equipment. The low bidders did not meet the specifications, and staff recommended that their bids be rejected, and that the following firms be designated as low bidders because their products meet the specifications: Radio Communications of San Rafael, for a total of $8,872.12; and Motorola C. & E. Inc. of Santa Rosa, for a total of $13,725.89. RESOLUTION NO. 6514 - AUTHORIZING THE PURCHASE OF RADIO COMMUNICATIONS EQUIPMENT FOR THE PUBLIC WORKS, FIRE AND POLICE DEPARTMENTS (Radio Communications of San Rafael, low bidder @ $8,872.12; Motorola C. & E. Inc. of Santa Rosa, low bidder @ $13,725.89) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. ORDINANCE RE SAN RAFAEL YACHT CLUB LEASE (CA) - File 2-8-11 City Manager Beyer briefed the Council, informing them that staff has been negotiating with representatives of the San Rafael Yacht Club, since their lease was due to expire on March 31, 1983. A new lease is being proposed, effective April 1, 1983, for thirty years, with an increase in the present rent from $3,900 per year to 8,500 per year, with future adjustments for inflation. Other provisions of the new lease are: Maintenance of a float for public use; passage of ownership of improvements to the City upon expiration of the lease; and Lanscaping and other improvement obligations. RESOLUTION NO.6515 - PROVIDING FOR THE LEASE OF PUBLIC REAL PROPERTY AT BEACH PARK ROAD TO THE SAN RAFAEL YACHT CLUB (Determining that the project is categorically exempt under CEQA guidelines, pursuant to Sec. 15101, Div. 6, Title 14 of the California Administrative Code, Accessory Structures) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None An Ordinance of the City of San Rafael, Providing for the Lease of a Portion of Public Real Property at Beach Park Road to the San Rafael Yacht Club, and numbering Charter Ordinance No. 1453, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. REPORT RE SEWER OVERFLOW PROBLEMS ON FIFTH AVENUE (PW) - File 4-3-99 Councilmember Jensen left meeting) Public Works Director Bernardi informed the Council that proposals from three consultants who are interested in studying the sewer overflow problems and presenting alternative solutions have been evaluated, and the firm of John W. Hill & Associates, Inc., is being authorized to proceed with the analysis. Their fee will be $5,690, and the work is to be completed within sixty days. The alternatives will probably be presented to the Council at the June 20th meeting, for review and possible action. 22. PROPOSED HIGHWAY 101 CORRIDOR PLAN AND PROGRAM, PHASE I (P1) - File 11-16 Planning Director Moore briefed the Council, indicating that City staff has met with representa- tives of Marin and Sonoma counties, and the City and County of San Francisco regarding this project, which is proposed by Marin County to San Francisco Foundation for funding. It has been agreed that a multi -agency review and decision-making process was needed at the end of Task 5 of the proposed work program. Task 5 involves the identification of trans- portation issues which should be addressed in later tasks. It was agreed by the Sonoma, Marin, San Francisco and San Rafael representatives that this was the appropriate point in the corridor planning program to determine logical next steps. The County Planning Director indicated that the proposed scope of work and budget submitted to the San Francisco Foundation would be modified accordingly. Additionally, the County Planning Director agreed to allocate budget monies in such a way that additional staff and/or consultant personnel would be made available to participating agencies to assist in partially underwriting the added cost to the local agencies participating in this County planning project. The budgeting details for this modification to the project are to be worked out in conjunction with the participating agencies. 263 After discussion Councilmember Frugoli moved and Councilmember Breiner seconded, to authorize Councilmember Breiner to convey to the Board of Supervisors the City's endorsement of the proposed Highway 101 Corridor Plan as modified by the recent City/County discussion. AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 23. REPORT ON LUIZ/GRADY - BIG ROCK ANNEXATIONS (P1) - File 191 x 149 This item continued to the meeting of April 18, 1983, at request of staff to allow ample time for the necessary public notification and preparation of a detailed staff report. 24. FINAL ADOPTION - ORDINANCE NO. 1450 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNCIPAL CODE OF SAN RAFAEL rAl TCnDNTA cn Ac TO DPrl AccTPV rFPTATN PFAI PRnPFRTV FRnM R -,i MIII TTPI F FAMTI Y PFCTnFNT' DISTRICT TO C-1 (RESTRICTED COMMERCIAL) DISTRICT - 1120 NYE ST.. "IHt W H AGE" (PI) - File CHARTER ORDINANCE NO. 1450 - Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from R-3 (Multiple Family Residential) District to C-1 (Restricted Commercial) District - 1120 Nye St., "The Cottage" was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 25. FINAL ADOPTION - ORDINANCE NO. 1451 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL CALIFORNIA. SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM U' UNCLASSIFIED DISTRICT TO - l-1 ie lu-s CHARTER ORDINANCE NO. 1451 - Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from "U" (Unclassified) District to P -D (Planned Development) District - Civic Center Plaza, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 26. FINAL ADOPTION - ORDINANCE NO. 1452 - AMENDING TITLE 2, ENTITLED "ADMINISTRATION" BY ADDING THERETO CHAPTER 2.38 RELATING TO MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION CONTROL CA - File y-4-61 X y-3-10 CHARTER ORDINANCE NO. 1452 - Amending Title 2, Entitled "Administration" by Adding Thereto Chapter 2.38 Relating to Municipal Election Campaign Contribution Control, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: Jensen (Councilmember Jensen returned) (Councilmember Miskimen left) 27. PROTEST RE EXCESSIVE RENT INCREASES AT CHANNING HEIGHTS APARTMENT COMPLEX (CM) - File 100 Council heard complaints from numerous residents of the Channing Heights apartment complex in the Terra Linda area, regarding exorbitant rent increases by the new owners, Metro -Dyne Financial Corporation of San Jose, coupled with excessive disrepair and lack of maintenance. Mayor Mulryan informed the tenants that he feels hopeful that the new owners will give consideration to what they have heard from the tenants, and that the tenants and owners can work out their problems. (Commissioner Miskimen returned) 264 28. CONSIDERATION OF AMENDED QUARRY PERMIT APPLICATION FILED WITH COUNTY OF MARIN BY REDWOOD SANITARY LAND FILL CM - File 9-10 City Manager Beyer informed the Council that the City has been asked to support an application on behalf of Redwood Sanitary Landfill to the County of Marin concerning an amended quarry permit application to provide fill and cover through the year 2000. Mr. Beyer pointed out that the reason this application is important to the City of San Rafael is that, depending on the outcome, it could have significant impact on the residents of the City in two ways: 1) Possibly higher garbage rates if the permit is not approved and the cover for the dump operation has to come from locations other than the quarry; and 2) One possible location the McNear Quarry at the end of San Pedro Road, would mean additional truck traffic which would not only impact the residential areas of San Rafael, but the downtown area as well, depending on the number of trucks which would be added to carry this fill. After discussion Councilmember Jensen moved and Councilmember Frugoli seconded, to approve the staff recommendation and direct staff to indicate support for this application, and to point out the negative impacts on the City if the application is not approved. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmember Frugoli left meeting) 29. PEST MANAGEMENT PROGRAM (PW) - File 9-3-40 Public Works Director Bernardi presented a proposal for implementation of a three-year Integrated Pest Management Program for elm leaf beetle in San Rafael, commencing with the summer pest season. Under the proposal, currently budgeted funds would be used, and funding requests for next year will be considered through the budget review process. Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the proposal for the three-year Integrated Pest Management Program. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli 30. PRESENTATION OF RETIREMENT ACTUARIAL REPORT (Fin) - File 7-1-26 Finance Director Coleman briefed the Council, indicating that the City is required to have an actuarial evaluation of the retirement program at least once every three years, and when the report is accepted it must be implemented within 90 days. This report updates the information to January 1981. Based on recommendations in the report, the City's contribution for miscellaneous employees will decline from the current level, while the safety rates will increase slightly. (Councilmember Frugoli returned during discussion) Councilmember Breiner moved and Councilmember Jensen seconded, to accept the report, with new rates to be implemented in July. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 31. ESTABLISHMENT OF FEE SCHEDULE FOR PARKING STRUCTURE AT THIRD AND "A" STREETS (PW) - File 9-10-2 x R-195 Finance Director Coleman presented a report, recommending a monthly fee of $25 for parking on the top deck of the Third and "A" structure. He also suggested a charge of 254 per hour for the balance, which would make the cost for an eight-hour day $2. Authorization was also requested to recruit five parttime attendants at $3.75 per hour. Councilmember Jensen moved and Councilmember Breiner seconded, accepting the recommendations for fees, with the added provision that the $25 monthly fee be reviewed in two or three months until the situation is stable, and that the monthly fee be collected on a month- to-month basis until a firm decision is made. Recruitment of the five parttime attendants also approved. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 265 32. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Council agreed to support AB 1767 (Wynan) on Inspection of Public Records which would set periods for inspection of public records, resulting in better structuring of staff time. Staff was asked to carefully watch S.66 (Goldwater) re Cable Television, the Federal bill concerning regulation of cable television, and keep the Council informed on developments. CLOSED SESSION 31. Council adjourned to closed session to discuss pending litigation. AS E E M. LEONmd CI CITY CLERK APPROVED THIS DAY OF 1983 4CA-IYOR OF THE CITY OF SAN PFAEL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Wednesday, April 6, 1983, at 4:00 PM. Special Joint Present: Lawrence E. Mulryan, Mayor/Agency Chairman Meeting: (Arr. 5:17 PM) Dorothy L. Breiner, Councilmember/Agency Member Gary R. Frugoli, Councilmember/Agency Member Fred E. Jensen, Councilmember/Agency Member John A. Miskimen, Councilmember/Agency Member Also Present: Robert F. Beyer, City Manager/Executive Director; Jeanne M. Leoncini, City Clerk/Agency Secretary RE: PROPOSED TRANSPORTATION CENTER IN SAN RAFAEL - File R-81 x SRCC 112-2 Agency Vice Chairman Miskimen opened the meeting, and asked for a briefing on the consultant's report. Jim White of DMJM Consultants, who had prepared Phase III, Supplement to Final Working Paper No. 1, briefed the Agency/Council on the background of the project commencing in 1977. Mr. White stated that this study, prepared in response to the City/Agency request, was designed to serve two main purposes: 1) To consider those project sites which were introduced during the public presentation and review process; and 2) To summarize and discuss those project site issues and concerns which would facilitate the site selection decision. (Mayor/Agency Chairman Mulryan arrived during presentation) Mr. White stated that the Rice Drive site was analyzed as requested, and the three prior sites also analyzed from a traffic standpoint. The other three sites are designated as: Site 3+7 (Under Freeway), Site 9+10 (Carwash and Greyhound), and Sites 9, 10 & 16 (Carwash, Greyhound and AMC). The Rice Drive Site is known as Site 20. None of the sites are considered to be ideal, since all have some problems. The DMJM conclusion is that Site 9+10 represents the best compromise to meeting the present and future requirements of the Transportation Center project. During discussion which followed, Attorney Fred Peterson, representing the Beckstrom and Milani families, owners of downtown property, and also speaking as a member of the Group, urged that the Rice Drive site be approved, since it would not have an impact on businesses which are presently established. Mary Lou Jacobson, Chamber of Commerce president, stated that the Chamber also favors Rice Drive, since the acquisition cost would be less and the Chamber feels that the site is not so remote from downtown that it would be a deterrent to usage. Mayor Mulryan asked Peter Dyson, Senior Planner for Golden Gate Transit, if it would make a difference if the Rice Drive site did not have a good joint use potential. Mr. Dyson responded that the District needs the revenues from the joint use concept, and the consultant feels there would probably be less potential at the Rice Drive site. Mr. White stated that there is a greater potential for expansion at the Rice Drive site, but it does not appear that there would be joint use revenues in the near future. 266 Irving Chapman, Chairman of the Ad Hoc Downtown Committee, urged that further study be made of the Rice Drive site before a decision is made, but cited various reasons why it should be considered, such as lower cost per square foot, no demolition required, freeing the Viaduct parkiny lots, elimination of traffic tie-ups at the present location of the bus stop, and room for future development. He recommended that consideration be given to shuttle bus service for access to the downtown area from the Rice Drive site. C. Paul Bettini of the Golden Gate Bridge, Highway & Transportation District Board, urged that a decision be made without further hesitation. He stated that if the Rice Drive site is felt to be the preferable one, it should be recommended to the Bridge District today, if possible. Councilmember/Agency Member Frugoli moved and Councilmember/Agency Member Jensen seconded, to approve proceeding with the Rice Drive site for the Transportation Center. AYES: COUNCILMEMBERS/MEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor/Chairman Mulryan NOES: COUNCILMEMBERS/MEMBERS: None ABSENT: COUNCILMEMBERS/MEMBERS: None The Council/Agency adjourned to closed session to discuss employee negotiations. J NE M. LEONCIN-A - I, ity Clerk Agency Secretary APPROVED THIS DAY OF , 1983 GIr- LAWRENCE E. MULRYAN, MAYOR/Agerffy Chairman *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, April 18, 1983, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Coucilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney ORAL COMMUNICATIONS OF AN URGENCY NATURE - File 6-36 x 178 Elliot Bien, president of Neighborhood 13 Association, requested Council assistance in hiring an appraiser for the Sun Valley Slope and the Quarry area, the fee for which would be approximately $2,000, with the money to be returned to the City through an assessment district. This would be a preliminary step toward forming the assessment district toward purchase of open space in the Sun Valley area. Councilmember Breiner moved and Councilmember Miskimen seconded, to approve expenditure of $2,000 for an appraisal. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CONSENT CALENDAR Councilmember Jensen moved and Coluncilmember Breiner seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Special Meeting of April 4, 1983 (CC) 2. Resolution of Appreciation for Life Saving: (FD) - File 102 Recommended Action Approved as submitted. RESOLUTION NO. 6516 - APPRECIATION (James Manha, for administering CPR & saving a life) RESOLUTION NO. 6517 - APPRECIATION (Kitti Uathavikul for administering CPR & saving a life) 267 i 4. Appeal of Handicapped Access Requirements - Set public hearing for May 2, 1983. 1108 Irwin Street (PW) - File 13-1-1 5. Authorization to Call for Bids - Street Authorized call for bids. Available Reconstruction - Bus Stops, Project funds are: $20,000 from Revenue No. 19-1998882 (PW) - File 4-1-340 Sharing for street reconstruction - bus stops, and $15,000 from Gas Tax for traffic loops. 6. Vacation of Drainage Easement - 53 Dunfries Terrace, AP 16-191-11 (PW) - File 2-12 7. Library Fine Moratorium April 17 - 23, 1983 (Lib) - File 9-10-2 x 9-3-61 9. Report on San Rafael being Named as a 1982 Tree City USA (PW) - File 109 10. Report on Bid Opening and Award of Contract - Elizabeth Way Storm Drain Replacement Project (PW) - File 4-1-337 13. Claims for Damage: a. Ladislaus Joseph Szele (PD) - File 3-1-758 c. Douglas L. Shaffer/Marin Towing (PW) - File 3-1-761 d. Douglas & Christine Jackson (PW) - File 3-1-764 b. Valton L. Johson (PD) - File 3-1-759 14. Resolution Authorizing Extension of Con- tract with Dolly Nave for Albert Park Concession (PW) - File 4-10-161 15. Award of Bid - One Staff Vehicle for Fire Department and One Pool Vehicle (GS) - File 4-2-176 17. Report on Bid Opening - Five Law Enforce- ment, 4 -Door Sedans (GS) - File 4-2-177 18. Report of Proposed Changes to Federal Aid System of Streets (PW) - File 11-15-1 x 4-10-66 RESOLUTION NO. 6518 - INTENTION TO VACATE DRAINAGE EASEMENT (53 Dunfries Terr.) And setting public hearing for May 16, 1983. Approved staff recommendation for library fine moratorium for April 17 - 23, 1983. Accepted report indicating that City of San Rafael qualifies as a 1982 Tree City USA, and that a flag and signs have been placed at the entrance to the City. RESOLUTION NO. 6519 - AWARD OF CONTRACT (To W.R. Forde Construction Co., Inc., low bidder, (@ $91,743.25) Approved R. L. Kautz & Co. recommendations for denial of claims. Removed from agenda. RESOLUTION NO. 6520 - AUTHOR- IZING THE SIGNING OF A CON- TRACT, LEASE OR AGREEMENT (W/Dolly Nave for Albert Park Concession, 4/1/83 - 3/31/84) RESOLUTION NO. 6521 - AUTHOR- IZING PURCHASE OF ONE STAFF VEHICLE FOR FIRE DEPARTMENT AND ONE POOL VEHICLE, UTILIZING EQUIPMENT REPLACEMENT FUNDS (Hertz Corp. of Millbrae, designated low bidder for 1982 Plymouth Reliant @$5,724; State of Calif., 1983 Mercury Marquis station wagon, $8,233.40) RESOLUTION NO. 6522 - AUTHOR- IZING PURCHASE OF FIVE POLICE PATROL VEHICLES UTILIZING EQUIPMENT REPLACEMENT FUNDS (Five Dodge Diplomat patrol vehicles from State of Calif. bid price $8,487.28/unit, total $42,436.40) RESOLUTION NO. 6523 - DESIGNATING CERTAIN ROADS TO BE IN THE FEDERAL -AID URBAN SYSTEM AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 3. GRANTS TO CITY - SAN RAFAEL BAY PARK (PW) - 2-5-10 a. Grant of Shoreline Band b. Easement for Public Access c. Road Maintenance Ayreement Continued to meeting of May 2, 1983. 8. AWARD OF INFORMAL BID - EAST SAN RAFAEL LEVEE SLOPE REPAIR, PROJECT NO. 01-4508270 (EMERGENCY WORK) (PW - File 4-1-341 Public Works Director Bernardi informed the Council that the reason for the informal bid for this project is that, if there are late storms there could be a problem with the levee, and the bid process would be too time-consuming. Mayor Mulryan asked if there would have been a difference in price if the normal bid process had been followed, and Mr. Bernardi responded that the price is within the same area. Staff is recommending that the Piombo General Engineering Contractor, Inc., low bidder out of five bids submitted, be awarded the contract at their bid price of $7,020. Councilmember Jensen moved and Councilmember Frugoli seconded, to award the contract for the East San Rafael Levee Slope Repair project to Piombo General Engineering Contractor, Inc., low bidder, at their price of $7,020. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. REPORT ON STORM DAMAGE AND LANDSLIDES (PW) - File 205 x 8-9 Council accepted the status report on landslides and storm damage on private and public prop- erty as a result of this year's heavy rains. Councilmember Breiner recommended that staff elicit information from the private sector by means of newspaper publicity, in order to have a more complete report. Public Works Director Bernardi responded that he feels the report under discussion includes about 80% of all, but that he will pursue it further. Mayor Mulryan expressed the opinion that in some cases the damage may be dual, both City and private, and recommended that when the further information is received it will be a matter for closed session. 12. EXTENSION OF LEASE WITH SHELL OIL COMPANY, SECOND STREET & LINCOLN AVENUE, TO MAY 31, 1983 CA - File 2-8-12 It was agreed that this matter should be discussed in connection with Agenda Item No. 27, regarding a new lease with Shell Oil Company. 16. AWARD OF BID - NINE STANDBY GENERATORS (GS) - File 4-2-174 Councilmember Jensen questioned the award to the "lowest responsible bidder". Assistant to the City Manager Barbier explained that, even though some bid prices were lower than Marin Motorsports, for which the award is recommended, they did not meet the specifications regarding engine requirements. RESOLUTION NO. 6524 - AUTHORIZING THE PURCHASE OF NINE EMERGENCY GENERATORS, UTILIZING REVENUE SHARING FUNDS (From Marin Motorsports of San Rafael, designated lowest qualified bidder, for total price of $11, 343.06) AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILMEMBERS: None 19. SPECIAL PRESENTATION - File 102 Mayor Mulryan presented Resolution No. 6516 to James Manha, and Resolution No. 6517 to Kitti Uathavikul, for saving the life of an individual by means of Cardio Pulmunary Resuscitation (CPR) when she collapsed on a downtown street in San Rafael. Mayor Mulryan commended the gentlemen for their quick response to come to the aid of a person unknown to them, who was in need. 20. PUBLIC HEARING - APPEAL OF USE PERMIT (UP82-61 - 4040 CIVIC CENTER DRIVE "NORTHGATE EAST PHASE II', AP 180-121-38, 44 & Ptn. of 43; EQUITEC/TIBURON, APPELLANT: HANS KUHNI. REP.: TO STRUCTURE; CONDITION APPEALED RELATES TO PAYMENT AND TIMING OF TRAFFIC MITIGATION FEES (Pi) - File 10-5 Mayor Mulryan declared the public hearing opened. City Manager Beyer briefed the Council, mentioning that the public hearing was continued from the meeting of April 4th, to allow staff time to meet with Equitec and the two other developers in the area, to determine whether or not an assessment district was feasible and workable at �. this time. He mentioned that $1,000,000 has been approved from the Federal Aid Urban fund toward the Merrydale Road Overcrossing. Planning Director Moore reported that a meeting was held on April 13th with representatives of Civic Center North, Civic Center Plaza and Northgate East Phase II projects, and Public Works and Planning Department staffs. The issues discussed were: 1) Feasibility of assessment district formation for payment of traffic mitigation fees; 2) Timing of design of the Merrydale Overcrossing; and 3) Alternative funding sources for Freitas Interchange improvements. Repre- sentatives of Civic Center North and Civic Center Plaza projects have indicated that they are ready to proceed with assessment district formation at the present time, even if Equitec does not plan to participate. Ms. Moore stated that representatives of the three projects also expressed concern about the City's use of alternative funding sources secured for Northgate Activity Center transportation improvements. She said the representatives recommended that any alternative funding sources, such as Federal -Aid Urban (FAU) monies, be used to reduce their traffic mitigation fee rather than to cover the City's responsibility for the Northgate Mall fee. Ms. Moore indicated that this is an important policy decision for the Council, and recommended that it be further researched and brought back for City Council consideration. Ms. Moore indicated that representatives of all three projects also expressed concern about trying the issuance of building permits to completion of the design of the Merrydale Over - crossing. Consequently, Ms. Moore recommended some minor modifications to that portion of the disputed Condition (b) of Use Permit 82-61 which pertains to timing of design of the Merrydale Overcrossing. Additionally, Ms. Moore recommended that within the next month the Council determine how to proceed with design of the Merrydale Overcrossing. Revised Condition (b), instead of reading "Building permits shall not be issued and construction of the project shall not be commenced until completion of the design work for the Merrydale Overcrossing and necessary right-of-way authorizations have been obtained by the City" was recommended by Ms. Moore to read "The issuance of building permits will occur only after the City Council has determined that the Manual T. Freitas interchange/Merrydale overcrossing will be constructed in a timely manner". Councilmember Breiner suggested that, to assist Equitec with its traffic mitigation fees, consideration could be given to relieving Equitec of the improvements to the Northgate East Phase I building which would cost approximately $150,000. She felt the City is making quite a concession with the revised Condition (b). Council then discussed ways and means of urging the State to authorize additional funds for the interchange and overcrossing, and possibility of enlisting the aid of the Board of Supervisors. Councilmember Miskimen recommended rewriting Condition (b) to make it applicable to all devel- opers in the area, and recommended the developers split the cost in an assessment district. He inquired how soon an assessment district could be commenced, and Public Works Director Bernardi stated the Resolution of Intention could be ready in sixty days, and it would take sixty to ninety days to get the process started. Attorney Joseph Lemon, representing Equitec, stated he does not want at this time to commit to any traffic mitigation figure. He felt that the staff recommendation to revise Condition (b) does not solve anything. He recommended that once Equitec commits to a fee the project be allowed to go forward. He also stated that the $1,000,000 FAU monies should be applied to all, and that the Council should drop the Equitec traffic mitigation fee by one-third. He stated the project is going to cost $7 to $8 million dollars, and will result in creation of 275 jobs, for people who will spend their money in the community. There being no further public input, the hearing was closed. Councilmember Jensen moved and Councilmember Frugoli seconded, to cut the traffic mitigation fees by one-third. Under discussion, Councilmember Miskimen stated that he was not in favor of such an approach, since the amount which will be needed is not known at this time. He pointed out that it would be better for the four developers including the City of San Rafael (as stand-in for the Mall) to each have a percentage. The fees could be reduced by the amount of the FAU funding, con- sistent with the proportionate shares. AYES: COUNCILMEMBERS: Frugoli & Jensen NOES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan ABSENT: COUNCILMEMBERS: None (Motion failed) 270 After further discussion, Councilmember Miskimen moved and Councilmember Breiner seconded, that the methodology for establishing the funding for the Merrydale Overpass be based on the actual cost divided among the four developers (Civic Center North, Civic Center Plaza, Northgate East Phase II, and the City for the Mall); with percentages assigned to each; the actual contracted cost to be apportioned by these percentages; and assessment district bonds sold to pay for the construction of the project. The cost of the project will be reduced by FAU funding that the City of San Rafael receives, and the City will have the right to recoup up to 100% of that FAU funding by any funds that come from any other sources to assist in the construction. Upon the formation of the assessment district and the participation by Equitec, they would be entitled to a building permit, presuming all other requirements had been met. Under question, Mr. Lemon asked if Councilmember Miskimen's "not to exceed" figure contemplates that $516,000 figure, as adjusted by the Lee Saylor Index. Councilmember Miskimen asked what would that produce as the estimated total cost of the project, and Mr. Lemon responded that he understands that if Equitec contributed $516,000 and everyone else contributed proportionately that would amount to the $3,000,000. City Manager Beyer recommended leaving the "not to exceed" figure at $560,000, since the final cost would depend on whether or not the $1,000,000 does come through which would lower the cost and affect the total spread of the four projects. Councilmember Miskimen stated he does not object to having the "not to exceed" figure because there is enough "give" to have it work out. Mayor Mulryan stated he thinks that is a reasonable approach, because a maximum would be established. Mr. Lemon then asked about Equitec not having to beautify the facade of the older building, as mentioned previously. Mayor Mulryan stated that it is not part of this appeal motion, but should be discussed before the Planning Commission and not the Council at this time. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Mulryan advised Mr. Lemon to bring the matter of the facade of the older building back to the Planning Commission, since it was discussed before them previously. 21. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 1117 FOURTH STREET (PW) - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi informed the Council that the appellant, Frank Armstrong, represented by Edward Kanoh, has stated that the work proposed consists of remodeling a storefront into an "ice cream store". The total budget for the project is $25,000, and access requirements for a reconstructed entry would cost $10,000. The Marin Center for Independent Living has recommended the appeal be denied, equating the project to that of the Royal Frankfurter which has an inside ramp. Staff feels, however, that this does not equate, and recommends that the appeal be upheld on the basis of unreasonable hardship. There being no public input, the hearing was closed. Councilmember Breiner moved and Councilmember Miskimen seconded, that the Council, sitting as the Board of Appeals, uphold the appeal and direct staff to prepare an appropriate resolution with findings to be brought back for adoption at the Council meeting on May 2, 1983. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 22. PUBLIC HEARING - Z83-4 - SECOND DWELLING UNIT ORDINANCE AND VARIOUS ZONING ORDINANCE TEXT CHANGES P1 - File 10-13 x 115 Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed the Council, indicating that the Planning Commission held a public hearing on March 22, 1983, and took testimony, after which they voted to recommend to the Council the certification of a Negative Declaration, and approval of an ordinance which has the mutual concurrence of the Planning Commission and the staff. Ms. Moore explained that the proposed second dwelling unit ordinance which would be an addition to the R-1 District Standards is consistent with the goals and policies of the Housing Element of the General Plan, and would partially meet San Rafael's need for affordable housing while protecting the character of existing R-1 neighborhoods. Also, the use permit process in the draft ordinance would be the City's control mechanism for protecting neighborhoods. The subject of owner occupancy requirement, as recommended by Councilmember Breiner, is a matter for further discussion. Ms. Moore referred to a memo from Councilmember Breiner dated April 13th, on the subject. There is a question as to whether the requirement for owner occupancy should appear on the property deed, and required perpetually throughout the life of the second dwelling unit. i 271 Another facet to be discussed is whether or not detached units should be allowed. Many neigh- borhood representatives have voiced objections of their associations as to permitting second dwelling units in detached structures. Sue Beittel, representing the League of Women Voters, urged the Council to adopt the second dwelling unit ordinance, and spoke in favor of owner occupancy, compatibility with neighborhood character, strict parking requirements and periodic inspections. Clifford Elbing inquired if there would be a Paramedic fee charged for occupants of a second unit, and Mayor Mulryan replied in the affirmative. Frank Battat spoke in support of Ms. Beittels's remarks, and added that in his opinion the use permit for the second unit should expire if there is a change in property ownership. This would give the City the opportunity to take a look at the situation regarding the new owners. Mike Lieberman, Chairman of the President's Special Committee on Housing Needs for the Board of Realtors, stated that the Board believes that safe, sanitary, well -constructed second units can help to meet the rental housing needs throughout Marin County. He read a statement from the Marin County Board of Realtors, regarding use permits, parking, exclusion of rent control, careful determination of unit size on a case-by-case basis, and urging a careful look at the owner occupancy proposal. Bill Pryor, President of the Gerstle Park Neighborhood Association, urged a realistic off-street parking requirement be imposed for second unit development, feeling that serial parking in driveway pads will not be adhered to, to any degree. Mr. Pryor also spoke in opposition to detached units, enforcement of CC&R's, and recordation of deed restrictions involving second units. John Shook of Peacock Gap informed the Council he would like to see the preparation of an EIR. He stated that considerable time was spent on the Peacock Gap Neighborhood Plan, and he feels that the proposed ordinance needs more work. He also pointed out that approximately 15% of the homes in Peacock Gap are now rental units, with absentee owners. Anise Turina, President of the Ecumenical Association for Housing, expressed the opinion that the proposed ordinance is satisfactory, and that a conditional use permit, granted on a case- by-case basis, should take care of problems that could arise. Harry Winters, President of the West End Neighborhood Association, spoke in favor of existing enclosed units, but no additional units constructed for the purpose of being second units, since this would, in effect, be approving subdivision of a lot not otherwise permissible. The West End Neighborhood Association also favors the use permit concept, and the offstreet parking. Sam DiGiacomo spoke of his concern that the second units will increase in rent after a period, and will become unaffordable. He felt that rent control should be addressed in the proposed ordinance. Mary Carpou of the Peacock Gap Homeowner's Association expressed concern about traffic safety as a result of second units, and also spoke against detached second units. Ms. Carpou asked about the impact of the ordinance on CC&R's, and Mayor Mulryan responded that the City is not overriding CC&R's. Hugo Landecker of the Gerstle Park area cautioned the Council that whatever action is taken on this matter, it will be a permanent, long-term commitment. He questioned whether there is always going to be an urgent need for housing. Nicholas Clark, President of the Glenwood Homeowners Association, agreed that there should be an ordinance, for control, and asked for consideration of a prohibition of detached units. He felt that existing units could be altered interiorly, but that detached units should not be permitted. There being no further public input, the hearing was closed. After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to require: 1) Permanent owner occupancy, with appropriate exceptions on an individual basis; 2) Recorda- tion of all use permits for second dwelling units; and 3) A provision prohibiting new con- struction of detached structures for second dwelling units. Planning and legal staffs are directed to study the matter and bring back their recommendations to Council. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 23. PUBLIC HEARING - NUISANCE ABATEMENT - OUTDOOR VIDEO GAMES, COLONIAL LIQUORS, 1015 TAMALPAIS AVENUE (P1) - File 3-3-38 Mayor Mulryan declared the public hearing opened. 272 Planning Director Moore informed the Council that two self-contained video games known as the "Video Outpost" have been installed outside Colonial Liquors at 1015 Tamalpais Avenue without City approvals. The zoning of the property does not allow the outdoor operation of coin operated amusement devices, and the City business license was issued without the knowledge that the owner would place the machines outside the liquor store. Last fall, the owner of the video games was advised to remove them or to apply for use permit approval. The owner was further advised that staff would not recommend approval of such a use permit application. Because use permit application was not submitted, and the machines were not removed, a compliance date of March 15, 1983 was established by the Code Enforcement Officer. The owner then advised that he would have the machines removed by April 15, 1983. Consequently, the public nuisance abatement hearing was set to insure rapid City enforcement in the unlikely event that the machines have not been removed or a use permit applied for. As of this evening, the video games have not been removed. Jack Carlson, owner of the video games, inquired about what is a public nuisance. Ms. Moore informed the Council that only the zoning violation is a nuisance, and that the video games should be within the confines of a building. She further advised that the games are unmanned and unsupervised. There being no further public input, the hearing was closed. Councilmember Jensen moved and Councilmember Frugoli seconded, to order the video games removed by Friday, April 22, 1983. RESOLUTION NO. 6525 - DECLARING THE "VIDEO OUTPOST" A PUBLIC NUISANCE AND ORDERING ABATEMENT OF SAME AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 24. REPORT ON LUIZ-GRADY-BIG ROCK RANCH ANNEXATIONS (P1) - File 191 x 149 Planning Director Moore briefed the Council, indicating that last January the Marin County Board of Supervisors approved master plans for the Luiz, Grady and Big Rock ranches out Lucas Valley Road. The County approvals for up to 314 residential units include numerous conditions of approval, such as annexation to water, sewer and fire protection districts. When these applications are filed with the Local Agency Formation Commission (LAFCo), the City will have to recommend whether or not the properties should be annexed to the City of San Rafael. The City annexation policy question is also related to a recently initiated LAFCo Sphere of Influence program. There are various options available to the City of San Rafael for recom- mendations to LAFCo. While this matter is principally concerning the Luiz, Grady and Big Rock ranch properties, there are similar issues involved with the Daphne, Silveira and St. Vincent's properties. One of the options recommended to the Council was to annex the Luiz, Grady and Big Rock ranches to the City of San Rafael only if the Marinwood and Upper Lucas Valley unincorporated commun- ities annex to the City at the same time to provide a continuous service area. Mayor Mulryan stated that it does not make sense to him to service any areas west of Lucas Valley unless they are all within the City limits. After discussion Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the staff recommendation to authorize the Mayor to write a letter to LAFCo containing the City's recommendations for annexation of the Luiz, Grady and Big Rock ranches, and sphere of influence designations for the Daphne, Silveira and St. Vincent's properties; that the City's recom- mendations include the annexations only if the Marinwood and Upper Lucas Valley communities annex at the same time. Under question, Warren Nelson, Executive Officer of LAFCo, stated he agrees with the staff report, asked that options 1 and 2 also be included, which would include the statement that service levels for the three annexed ranch properties would be determined by the discontinuous service area; and that the City/Marinwood CSD Joint Powers Agreement be modified so that the CSD provides fire protection, with other service levels determined by the discontinous service area. Mayor Mulryan stated that he does not agree with LAFCo policy, which would result in the City's service and emeryency vehicles going four miles down unincorporated roads to get to another City area. Councilmember Miskimen expressed the opinion that the Board of Supervisors should take a stand about Marinwood CSD. He felt that the Council is doing the right thing in adopting Option 3. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 273 25. FINAL ADOPTION - ORDINANCE NO. 1453 - PROVIDING FOR THE LEASE OF A PORTION OF PUBLIC REAL PROPERTY AT BEACH PARK ROAD TO THE SAN RAFAEL YACHT CLUB (CAT- File 2-8-11 CHARTER ORDINANCE NO. 1453 - Providing for the Lease of a Portion of Public Real Property at Beach Park Road to the San Rafael Yacht Club, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 26. REPORT RE TENT CITY AT SAN QUENTIN PRISON (PD) - File 13-1 Council reviewed a staff report from Police Chief Ingwersen regarding the environmental impact on the City of San Rafael as a result of the sewage disposal procedures in connection with the proposed tent city at San Quentin Prison. Council agreed with Chief Ingwersen's suggestion that staff work with the County staff to mitigate adverse impacts, since the nature of waste disposal for the site may have environmental impacts on the City. 27. RENEWAL OF LEASE WITH SHELL OIL COMPANY, SECOND STREET & LINCOLN AVENUE, EFFECTIVE JUNE 1, 1983 CA - File 2-8-12 ALSO, ITEM 12 - EXTENSION OF LEASE WITH SHELL OIL COMPANY, SECOND STREET & LINCOLN AVENUE, TO MAY 31, 1983 (CA Council reviewed a letter from attorney Wm. T. Bullard, Jr., on behalf of Ed Gilmore a former station operator at Second Street and Lincoln Avenue. Mr. Bullard asked that the lease be opened up for bids, on a competitive basis. Councilmember Jensen moved and Councilmember Frugoli seconded, to open the lease up for bids on a long-term basis, through the closed bid process. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6526 - EXTENDING THE LEASE WITH SHELL OIL COMPANY FOR A PORTION OF CITY PROPERTY AT THE CORNER OF SECOND STREET AND LINCOLN AVENUE TO MAY 31, 1983 AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 28. REQUEST FROM BUSINESS IMPROVEMENT DISTRICT (BID) RE CLOSING_ PO_R_TION OF FOURTH STREET FOR PROMOTION - SATURDAY, MAY 7, 1983 CM - File 183 x 11-19 Assistant City Manager Nicolai informed the Council that the Business Improvement District (BID) is planning a Mothers' Day promotion in the downtown area on Saturday, May 7, 1983. Originally they requested the closure of Fourth Street between Court and "A" Streets, but have now modified their request, after several meetings with City staff, so that no street closures are being requested. The events of the day will now be held on Courthouse Square property. However, the committee is still requesting that Council grant free parking in the downtown area for the day, with enforcement of the two-hour limit to continue throughout the day. If this is approved, revenue loss could range up to a maximum of $1,000, based on 664/meter/day for 1,600 meters, but would more likely be in the range of $200 - $300, since there would no doubt be many individuals who would not be aware of the free parking. Staff is concerned about Council setting a precedent which would give rise to similar requests which, on a case by case basis, would be difficult to evaluate and support legally. Staff therefore recommended that Council not grant a free parking day. After discussion, Councilmember Breiner moved and Councilmember Frugoli seconded, to grant free parking in the downtown area for May 7, 1983, with the two-hour limit being enforced. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: Miskimen ABSENT: COUNCILMEMBERS: None (Councilmember Jensen left meeting) 29. RESOLUTION AMENDING THE 1982/83 BUDGET (Fin) - File 8-5 Finance Director Coleman informed the Council that on September 7, 1982, Resolution No. 6390 approved a total budget of $17,807,689. Included in this total was $13,657,079 for the General Fund and $1,475,730 for Revenue Sharing. 274 Although the budget contained some funds for salary increases, it did not have enough to cover the three-year retroactive pay for the Police Department which resulted in the settlement of a lawsuit between the POA and the City. In order to cover the shortfall in the General Fund an additional $157,319 should be appropriated. An additional $35,779 should also be appropriated for emergency expenditures as a result of the flooding during the past winter. Also, since September of last year the Council has approved two additional Revenue Sharing expenditures totalling $90,000, of which $30,000 was approved in November for continuation of the rent subsidy program, and $60,000 was approved in December for a drainage project on Irwin Street. These additional items should be formally included in a budget resolution. The total increase for the General Fund and Revenue Sharing is $283,098. The Resolution being recommended for adoption covers all of the foregoing items. RESOLUTION NO. 6527 - AMENDING THE 1982/83 BUDGET (Totalling $283,098, covering Police Department retroactive pay and storm related emergency expenditures from the General Fund; and a rent subsidy program and drainage project from Revenue Sharing) AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 30. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Councilmember Breiner moved and Councilmember Frugoli seconded, to support AB 1848 (Clute) City Override of LAFCo Determinations Regarding Special Districts. AYES: COUNCILMEMBERS: Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: Jensen Councilmember Breiner moved and Councilmember Frugoli seconded, to oppose AB 1599 (Costa) - Threat to Gas Tax, and SB 1136 (Richardson) - Concealed Weapons Permits. AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen The City Council adjourned to their next regular meeting on Monday, May 2, 1983. ::9 J ANNE M. LE NCIN , CITY CLERK APPROVED THIS Z� DAY OF Ata, 1983 d MAYOR OF THE CITY OF SAN RAF L *** ** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, May 2, 1983, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Gary R. Fruguoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Absent: Dorothy L. Breiner, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney 27. REPORT FROM TRAFFIC ADVISORY COMMITTEE - STOP SIGNS ON FORBES AVENUE (PW) - File 11-28 Mayor Mulryan explained that he was taking this item out of sequence, because there were a number of small children in the group of residens interested in the matter. Mayor Mulryan inquired of staff if there is enough traffic to warrant installation of stop signs. Public Works Director Bernardi informed the Council that from a strictly engineering basis there is not a need for the stop signs on Forbes Avenue at Eye and J streets as requested by the residents of the area. Mayor Mulryan suyested having a stop sign at one of the intersections on a trial basis, and Councilmember Jensen suggested trying a sign at both intersections, feeling it would cut down on the speeding, pointing out that Forbes Avenue is a narrow residential street. Councilmember Jensen moved and Councilmember Miskimen seconded, to place stop signs at the intersections of Eye and J streets on Forbes Avenue, for a six-month trial basis. AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner CONSENT CALENDAR Councilmember Frugoli moved and Councilmember Jensen seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Regular Meeting of April 4, Special Joint Meeting of April 6, and Regular Meeting of April 18, 1983 (CC) 2. Appeal of Handicapped Access Requirements - 809 Fourth St. (PW) - File 13-1-1 3. Request to Amend Agreement for the Removal of Dead Wildlife (GS) - File 4-3-102 4. Acceptance of Grant of Roadway Easement - 287 Makin Grade (PW) - File 2-2 5. Resolution of Findings on Appeal of Handicapped Access Requirements - 1117 Fourth St. (PW) - Pi1c 1q_1_l 6. Resolution of Appreciation to Leo Ciolino, Weather Fore- caster (PW) - File 102 7. Appeal of Handicapped Access Requirements - 150 Bellam Blvd. (PW) - File 13-1-1 10. Resolution Authorizing Execution of Agreement of Cooperation between City of San Rafael and County of Marin for Mortgage Revenue Bond Program (CM) - File 4-13-64 13. Proposal for County -Wide Study of Library Services (Lib) - Fi lo 14. Claims for Damages: a. Richard Rodeck (PW) - File 3-1-749 b. Helen & Severin Halgreen (PW) - File 3-1-752 c. Bryan Koppit (PW) - File 3-1-760 d. Estate of Ronald Halgreen (PW) - File 3-1-762 Recommended Action Approved as submitted, except for minutes of April 6, which were approved as amended re time of arrival of Mayor Mulryan which was 4:17 PM instead of 5:17 PM. Set public hearing for Monday, May 16, 1983. RESOLUTION NO. 6528 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/PETAIR, for removal of dead wildlife - Through Sept. 1, 1984, unless terminated by 30 days written notice by either party) RESOLUTION NO. 6529 - ACCEPTING GRANT OF EASEMENT FOR ROADWAY PUR- POSES - 287 MAKIN GRADE (325 Sq. Ft. easement area) RESOLUTION NO. 6530 - CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS - 1117 FOURTH STREET) (Re Handicapped Access) RESOLUTION NO. 6531 - APPRECIATION (To Leo Ciolino, volunteer weather forecaster) Set public hearing for Monday, May 16, 1983. RESOLUTION NO. 6532 - RESOLUTION APPROVING AGREEMENT OF COOPERATION BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL FOR THE PURPOSE OF FINANCING HOME MORTGAGES WITH RESPECT TO PROPERTY WITHIN THE CITY AND AUTHORIZING THE EXECUTION THEREOF Approved staff recommendation that City participate in County -Wide study of library services. Approved R. L. Kautz recommendations for denial of claims. 275 276 15. Request for Leave to Present Late Claim (PD) - File 3-1-769 16. Request for Authorization to Apply for Grant Funding from San Francisco Foundation for Pavement Evaluation Study (PW) - Fi 1 P q-3-4(] 17. Request to Call for Bids for Replacement of Pool Heater at Terra Linda Recreation Center (GS) - File 4-2-178 18. Resignation of Cultural Affairs Commissioner Daniel J. Mardesich (CC) - File 9-2-24 x 102 a. Resolution of Appreciation b. Call for Applications to Fill Vacancy. 20. Report re Industrial Development Bonds - E1 Marinero Phase II (CM) - File 8-22 AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Approved R. L. Kautz & Co. recommendation for denial of request to present late claim. Approved staff recommendation to authorize staff to apply to the San Francisco Foundation for a grant to conduct a pavement evaluation study in amount of $25,000. Authorize staff to call for bids to replace swimming pool heater at Terra Linda Recreation Center, using $8,000 presently budgeted in the Revenue Sharing account. RESOLUTION NO. 6533 - APPRECIATION (To Daniel J. Mardesich, recently resigned from Cultural Affairs Com- mission. Called for applications to fill vacancy, w/deadline of noon on Wednesday, June 1, 1983. Interviews to be held before regular meetings on Monday, June 6, 1983.) Accepted report indicating that EquiReal Development Corp. have chosen not to proceed with use of IDB's for financing of E1 Marinero Phase II project. Mayor Mulryan 8. AMENDMENT TO AGREEMENT WITH VIACOM CABLEVISION RE SPECIAL RATE FOR QUALIFIED HANDICAPPED PERSONS (GS - File 9-7-4 Council reviewed a proposed Resolution, amending Resolution No. 5449, regarding reduced rates for senior citizens and qualified handicapped citizens. At present, qualified senior citizens over the age of 62 pay a basic monthly rate of $2.00 and handicapped persons pay half the basic monthly rate ($8.95) which amounts to $4.48. Viacom is now proposing that the handicapped rate be lowered to equal the senior citizen rate of $2.00 per month. In addition, a handicapped applicant would have to be receiving Social Security Disability Income or Supplemental Security Income to qualify. Under the present agreement there is no income qualifier; a person need only show proof of their disability, regardless of their income. The provisions of this proposed Resolution will be incorporated into the County -wide master agreement when it is developed. Councilmember Miskimen asked Assistant to the City Manager Barbier to check on eligibility of handicapped persons who have never been under Social Security, with regard to the proposed regulation, and report back at the Council meeting on May 16, 1983. 9. REPORT ON ANNUAL FILINGS - FPPC FORM 730, STATEMENT OF ECONOMIC INTERESTS FOR DESIGNATED EMPLOYEES CC - File 9-4-3 Council accepted the report. Mayor Mulryan directed staff that if, at any time, there are potential or apparent conflicts of interest, the Council is to be informed. 11. AUTHORIZATION TO CALL FOR BIDS - ANNUAL STREET RESURFACING AND PAVEMENT REPAIR PROJECT PW - File 4-1-342 Councilmember Frugoli inquired about a list of streets which will be included in the annual Street Resurfacing andd Pavement Repair Project. Public Works Director Bernardi informed the Council that a list of streets will be included in the recommendation for award of bid when it comes back to the Council for approval. Councilmember Jensen moved and Councilmember Frugoli seconded, to authorize staff to call for bids for the annual Street Resurfacing and Pavement Repair Project. AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 277 112. AUTHORIZATION TO CALL FOR BIDS - TRAFFIC SIGNAL MAST ARM INSTALLATION (PW) - File 4-1-343 Councilmember Jensen questioned the advisability of mast arm traffic signals, which are being proposed at various locations on Second, Third and Irwin streets as safety improvements. The $100,000 project is budgeted equally from Revenue Sharing and County Urban Thoroughfare System funds. After discussion, staff was directed to bring back sketches of the proposed mast arms to the May 16th Council meeting, at which time a decision will be made. 19. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN CITY OF SAN RAFAEL AND LANDMARK INSURANCE COMPANY RE FLOOD DAMAGE CLAIMS, JANUARY 1982 STORM Fin - File 4-10-174 x 9-6-1 Council reviewed a staff report from Finance Director Coleman, indicating that on March 21, 1983 the City Council, in Closed Session, agreed to a proposal by Landmark Insurance Company to resolve the current impasse over the definition of the word "occurrence" in the City's liability insurance policy. An agreement is now being proposed which implements the proposal from Landmark Insurance. Mayor Mulryan inquired, since Landmark Insurance intends to file a declaratory relief action on or before May 15, 1983 in San Francisco Superior Court to determine the rights and obligations of Landmark and the City under the policy, whether the City has exacted an agreement from Landmark stating that if the City wins Landmark will be obligated to pay attorneys' fees. Assistant City Attorney Andrew informed the Council that a provision could be added to the agreement, providing that the prevailing party could be entitled to reasonable attorneys' fees in connection with the declaratory relief action. He stated he would confer with the attorneys for Landmark Insurance regarding the addition of this sentence to the agreement. Councilmember Jensen moved and Councilmember Frugoli seconded, to adopt a resolution authorizing the signing of the agreement, as amended. RESOLUTION NO. 6534 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Landmark Insurance Company for the Payment of Storm Claims Over $50,000) AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 21. SPECIAL PRESENTATION - File 9-2-24 x 102 Mayor Mulryan presented a Resolution of Appreciation to Daniel J. Mardesich, on his resignation from the Cultural Affairs Commission, and thanked him for his years of service. Mayor Mulryan then presented a Resolution of Appreciation to Leo Ciolino, in appreciation for his volunteer weather reporting. 22. PUBLIC HEARING - Z83-2 - ZONE DISTRICT CHANGE FROM P -C (PLANNED COMMUNITY) DISTRICT TO P -D PLANNED DEVELOPMENT DISTRICT - TO ACCOMMODATE ELECTRONICS FIRM SALES AND ASSEMBLY); 3833 REDWOOD HIGHWAY 3-R SCHOOL SITE); MARY LOU JACOBSON & RICHARD CLAYTON, OWNERS; .: AP 179-041-21 & 23 (Pl) - File 10 - Mayor Mulryan declared the public hearing opened. Planning Director Moore informed the Council that the applicant has requested the public hearing be continued, but not to a date certain. Therefore, it will have to be renoticed when a new date is set. The hearing was continued, not to a date certain, as requested. 23. PUBLIC HEARING - GPA83-1 - BELOW MARKET RATE HOUSING PROGRAM (AMENDMENT TO HOUSING ELEMENT Pl - File 13-16 x 115 Mayor Mulryan declared the public hearing opened. Planning Director Moore summarized the matter for the Council, regarding developer incentives being made explicit in the Proposed Housing Element. She stated that after Planning Commission review, correspondence from the Legal Aid Society made the request regarding developer incentives. Staff then suggested the following wording: "Below Market Rate Housing: The City shall negotiate and provide incentives for below market rate units affordable to persons of low and/or moderate income in all residential projects of 10 or more units. Such incentives may include density bonuses, modifications to certain development standards and fees, and other measures found appropriate by the Cit There being no public input, the hearing was closed. RESOLUTON NO. 6535 - REPLACING THE EXISTING HOUSING ELEMENT ACTION PROGRAM C11 WITH A NEW ACTION PROGRAM 278 AYES: COUNCILMEMBERS: Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: Miskimen ABSENT: COUNCILMEMBERS: Breiner Councilmember Miskimen explained his dissenting vote, stating that he has always opposed this type of measure since he believes it raises the cost of housing for those who do not qualify for low market rate housing and is the reason why California housing costs are above the average. 24. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 1108 IRWIN ST. (PW) - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi informed the Council, sitting as the Board of Appeals, that Arnold Marque is proposing to do minor renovations to his building at 1108 Irwin Street, at an estimated cost of $500. The renovations are due to a Planning Department requirement as a condition of approval of a Use Permit to continue an office use. Additional parking must be provided, which necessitates the relocation of an existing stairway, requiring a building permit. The building permit, in turn, cannot be issued unless handicapped access is provided or an appeal upheld. The handicapped accessible restroom, access ramp and parking space would cost an estimated $5,000. Staff contacted the Marin Center for Independent Living and their representative does not feel that access improvements are warranted at this time. Staff recommendation is that the appeal be granted. There being no public input, the public hearing was closed. Councilmember Miskimen moved and Councilmember Jensen seconded, that the Council, sitting as the Board of Appeals, grant this appeal on the basis of unreasonable hardship, and direct staff to prepare an appropriate resolution with findings to be brought back to the Council meeting on May 16th for adoption. AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 25. REPORT ON BID OPENING AND AWARD OF CONTRACT - ANDERSEN DRIVE EXTENSION PROJECT (PW) - File 4-1-333 Public Works Director Bernardi briefed the Council, indicating that Ghilotti Bros., Inc. were the low bidders at $841,460, and staff is recommending approval of their bid. However, Sanitary District #1 is reluctant to pay any additional pro -rata cost over the original total estimated cost of $450,000 for the project. They contend that the original concept was a "rural roadway" with 32 feet of pavement width consisting of two 12 -foot travel lanes and two 4 -feet -wide shoulders. By action of the Council, the shoulder width was increased to 6 feet in order to provide for a bicycle path in either direction. This increase will amount to $25,000 maximum. In addition, there were other factors which resulted in higher cost, such as lack of accurate topographical information and detailed geological information when the original estimate of $450,000 was prepared, resulting in the requirement of a 300 -foot retaining wall; in addition, CalTrans has made significant requirements for intersection improvements at East Sir Francis Drake Boulevard; also, a longitudinal drainage system was added, pursuant to coordination with the sanitation agency's consultant for the new treatment plant. It is City staff's opinion that these costs are appropriate within the spirit of the agreement and are collectable under the terms of the agreement. There being no public input, the hearing was closed. After discussion Councilmember Frugoli moved and Councilmember Jensen seconded, to award the bid to Ghilotti Bros., Inc., low bidder at $841,460.50, and direct staff to pursue the recovery of the amount advanced by the City from Sanitary District 1 for their proportionate share. RESOLUTION NO. 6536 - AWARD OF CONTRACT (To Ghilotti Bros., Inc., low bidder, for $841,460.50) AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 26. STATUS REPORT FROM DOWNTOWN PARKING ADVISORY COMMITTEE (P1) - File 9-2-37 x 8-14 Council reviewed a report, which briefed the accomplishments of the Committee, including the part they played in recommending the Rice Drive site for the proposed transportation center. The Committee sees as its next step the detailed review of existing distribution of public and private parking in the downtown area, and on the fringe of downtown. They also recommended to Council that they direct staff to accurately label the sources and disposition of parking revenues and costs in the 1983/84 budget, and also to direct staff to keep the Committee advised of matters that affect their analysis. 279 Councilmember Jensen moved and Councilmember Miskiman seconded, to accept the report, and the recommendations of the Downtown Parking Advisory Committee. AYES: _COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 28. STATUS REPORT ON FIREMAN'S FUND TRAFFIC (PW) - File 11-26 Public Works Director Bernardi informed the Council that new information has been received from Fireman's Fund regarding the traffic problems caused by their cancelling the staggered hours of their employees. They are now returning their staggered hours program at their Lucas Green office to one nearly equivalent to the former one, and will continue with the traffic study which they have contracted to have conducted by DKS Associates. When this information is available City will also review it, as originally planned. Staff was quite pleased that Fireman's Fund has indicated their commitment to minimizing traffic problems associated with their operation and feels they should be commended for it. 29. REPORT ON STATUS OF CITY'S HEALTH INSURANCE PROGRAM (CM) - File 7-1-15/16/30 x 7-9 Council heard a report on the City's health insurance program, indicating that of the three health plan options to employees - Kaiser, Take Care and Blue Cross - the one about which dissatisfaction has been expressed is Blue Cross. There have been significant rate increases, and staff has been experiencing difficulty in getting consistent and specific quotes and information. City Manager Beyer informed the Council that at present the City's policy to provide insurance coverage for retirees limits the flexibility needed to offer a fee for service health plan to active members at reasonable rates. Additionally, retirees are fully funded, while active classified employees receive a dollar amount which is less than the full premium if they insure a full family. Councilmember Jensen expressed the opinion that if an employee takes an early retirement and works at another job, they should assume part of the cost of their insurance; however, retirees over 65 years of age should be fully funded. Mr. Beyer recommended that staff be authorized to contact large multi -line municipal exper- ienced brokerage houses for advice for setting up health coverage for retirees by providing conversion plans which will not affect the City's group rates. He also recommended limiting coverage of retirees to the dollar amount provided to the active members of the retiree's former unit, with any additional expense of coverage of spouse and dependents at retiree's option and expense. Additionally, Mr. Beyer recommended that staff be directed to return to Council with a final report and financial impact within two months. Mr. Beyer further informed the Council that retirees are divided into two groups - those under 65 years of age and those over 65. The latter group is smaller, and their experience does not affect Blue Cross rates because their primary carrier is Medicare. At present, there are 42 retirees and/or dependents over 65, and 53 retirees and/or dependents under 65. When retirees were first added to the plan there were a total of six covered, four of whom elected Blue Cross. Spouses at that time were ineligible. Blue Cross retirees enrollment has increased to 95, partly because last year the City agreed to grandfather in retirees who retired before the Council adopted this policy, and partly because the City also agreed in 1975 to cover the retirees' spouses as well. After further discussion Councilmember Frugoli moved and Councilmember Miskimen seconded, to approve staff's first recommendation, regarding contacting large multi -line municipal exper- ienced brokerage houses for advice for setting up health coverage for retirees by providing conversion plans which will not affect our group rates, and also including Ross Bracken in this survey. Staff was also directed to return to Council with a breakdown of cost figures on retirees from 55 to 65 years of age, and comparison with those over 65 years of age, and a final report including financial impact, within two months. AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 30. REPORT ON DEVELOPMENT REVIEW COMMITTEE (CM) - File 9-1-3 x 2-8-24 Council reviewed a report of the Development Review Committee regarding two marina related projects, the San Rafael Marina proposed for the Fred Grange property and adjacent Ghilotti property off Francisco Boulevard, and the proposed marina at the turning basin adjacent to Beach Park. Councilmember Miskimen stated that Mr. Grange feels his project will not go forward because of delays encountered with State Fish and Game Department. Councilmember Jensen remarked that the Corps of Engineers will not issue a permit if any State agency opposes a project. • With regard to the proposed marina adjacent to the turning basin and Beach Park, Wm. Bielser and Matthew Guthrie presented their plans to the Development Review Committee, and have indicated a possible problem due to the old Allardt's Canal dispute. They proposed the possibility of changing the location of the restaurant on their plans to include a portion of the present location of Beach Park, and reconstruction of a portion of the park in a different location. The reason for this is that the restaurant would have been in the center of the old Allardt's Canal, and would not only cause delay but some additional possible problems with the State Lands Commission because of there being a commercial project within Allardt's Canal. Additionally, the City would lose any lease revenue from that property. The Committee therefore recommended that this should be referred to the Park and Recreation Commission for their review and recommend- ation. Matthew Guthrie informed the Council that they are continuing with the site plans, and would like to go forward as quickly as possible. He was informed that the item will be on the Park and Recreation Commission agenda on May 19th. 31. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Council agreed to oppose SB778 (Dills), Compulsory and Binding Arbitration, and AB617 (McCorquodale), Moratorium on New Redevelopment Agencies and Projects; and to support AB1545 (Hannigan) re Changes in Redevelopment Law, and AB1855 (Filante) re Long Term Health Care Facilities. Assistant City Manager Nicolai informed the Council that mayor Mulryan had received a letter from the City of Bellflower, asking their support of a Bellflower -sponsored bill, whereby local governments would receive their fair share of proceeds when a citation becomes a warrant in which case the funds have been going entirely to the counties. Council agreed to support the Bellflower bill. ADD ITEMS DISCONTINUANCE OF NORTHWESTERN PACIFIC RUN BETWEEN SAN RAFAEL AND EUREKA - File 117 Councilmember Frugoli called attention to a letter from City of Willits to the Mayors and Councilmembers of the Redwood Empire Division, League of California Cities, indicating that Southern Pacific Transportation Company intends to discontinue rail service to their customers on the Northwestern Pacific run between San Rafael and Eureka. City Manager Beyer was asked to look into the matter and bring back full information to the Council. SECOND BUDGET WORKSHOP SESSION - File 8-5 City Manager Beyer pointed out that the second budget workshop was to have been held on Wednesday, May 4th at 4:00 PM, but that Councilmember Miskimen will have to be out of the State that day on business and will not be back in time for the meeting. Council agreed to hold the workshop on Monday, May 9, 1983, at 4:00 PM. CLOSED SESSION 32. Council adjourned to Closed Session to discuss pending litigation. UEANNE M. C , City Clerk APPROVED THIS f4 -ti DAY OF 1983 M OR OF THE CITY OF SAN RAFAEL *** *** *** *** *** *** *** *** 281 In the Council Chambers of the City of San Rafael, Monday, May 9, 1983, at 4:00 PM. Special Joint Present: Lawrence E. Mulryan, Mayor/Agency !Meeting: Chairman Gary R. Frugoli, Councilmember/ Agency Member Fred E. Jensen, Councilmember/ Agency Member John A. Miskimen, Councilmember/ Agency Member Absent: Dorothy L. Breiner, Councilmember/ Agency Member Also Present: Robert F. Beyer, City Manager/Executive Director; Jeanne M. Leoncini, City Clerk/Agency Secretary RE: SECOND WORKSHOP MEETING - 1983/84 BUDGET - File 8-5 Mayor/Agency Chairman Mulryan opened the meeting, stating that at the March 2nd budget workshop the Council/Agency reviewed the historical data on City revenues and expenditures, the present financial situation and new revenue possibilities. Staff was asked to present a balanced budget based on assumption of revenues, and is presenting three alternates for consideration this afternoon. City Manager/Executive Director Beyer was then asked to brief his updated report. Mr. Beyer pointed out that in March it was projected that there would not be any growth in the sales tax revenues this year; however, the third quarter report, issued later and covering the Christmas quarter, indicated an increase of 12%. This caused staff's estimates to be revised to show a 3% overall increase for 1982/83. Also property tax revenues will be higher, in part due to an unanticipated windfall of $35,677 from the Marin General Hospital fund. The hiring freeze and the department's efforts to cut back would have reduced actual 1982/83 expenditures by $350,000 from the approved budget; however, uncontrolled expenses in Workers' Compensation and Liability accounts brought the net savings this year down to $163,000. The three options offered consist of Target #1, a $13,576,000 budget, which would require reductions in positions, services and supplies amounting to $701,600, and would impact the budgets of Public Works, Police and Fire more than the others. These three departments have budgeted half of their normal rental rate for the City vehicle replacement fund. The reduction in most other departments was accomplished by eliminating positions currently vacant and by reduction in some services and supplies, and in temporary help accounts. Target #2 is a $13,786,000 budget, which proposes that $209,000 in unallocated funds be used to adjust the Fire Department budget and maintain the current level of service. The impact on all other departments would remain the same under Target #2 as under Target #1. Target #3 is labeled Worthy but Unfunded, and includes items and/or positions which have been frozen. The total of these items is $311,900, and assumes that for this fiscal year the vehicle replacement fund is only budgeted at the 50% level. Mr. Beyer's recommendation was for the Council to tentatively approve one of the three options presented, upon which the proposed budget would be developed for Council consideration in June. Mr. Beyer also recommended that Target #3 be selected, with $312,000 to be funded from reserves. These funds would come from some of the reserves which are anticipated not to be used this fiscal year. Council directed that the budget be presented as a balanced budget which includes option #2. Council concurred that the Worthy but Unfunded list as presented by City Manager Beyer should be considered at the budget hearings. Mr. Beyer further recommended that the hiring freeze, in place since January of this year, be lifted effective June 1st. Council agreed that this item should be on the agenda for the next meeting. The meeting adjourned to the regularly scheduled Agency/Council meetings on Monday, May 16, 1983. /h. J M. LEONCINI, ity Clerk/ Agency Secretary APPROVED THIS DAY OF 1983 LAWRENCE E. MULRY1 Ma or/Agen y Chairman *** *** *** *** *** *** *** *** 282 In the Council Chambers of the City of San Rafael, Monday, May 16, 1983, at 8:00 PM. Regular Meeting: Present: Fred E. Jensen, Vice -Mayor Gary R. Frugoli, Councilmember John A. Miskimen, Councilmember Absent: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney DIIRI Tr TTMF Richard Gosse of San Rafael Citizens for Better Government presented to the Council the results of a recent survey which was conducted to determine the three main problems in San Rafael. A total of 353 citizens responded to the survey, which indicated that traffic, lack of affordable housing, and flooding, are the three main concerns. CONSENT CALENDAR Councilmember Frugoli moved and Councilmember Miskimen seconded, to approve the recommended action on the following consent calendar items: I tem 1. Approval of Minutes of Regular Meeting of May 2, 1983 (CC) 2. Renewal of Lease Agreement with San Rafael Pop Warner Football Club re Storage Space in Albert Park Stadium (Rec) - File 4-10-127 3. Resolution of Findings - Appeal of Handi- capped Access Requirements - 1108 Irwin St. (PW) - File 13-1-1 4. Award of Bid - One Turf Sweeper (GS) - File 4-2-172 6. Award of Contract - 1982/83 Audit Services (Fin) - File 8-1 (RFPs to be discussed in Nov. 1983 for 1983/84 Audit.) 7. Request for Approval for Marin Designers' Showcase at 110 Linden Lane (CM) - File 217 8. Claims for Damages: a. Stephanie Green (PD) - File 3-1-768 b. Earl K. Kofoed (PW) - File 3-1-770 9. Set Fee for Issuance of Industrial Development Bonds (Fin) - File 8-22 1U. Report on San Rafael Local Area Committee Recommendations for Com- munity Development Block Grant Funds (CM) - File 147 Recommended Action Approved as submitted. RESOLUTION NO. 6537 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREE- MENT (W/San Rafael Pop Warner Football Club, re Storage Space, $25/Mo., from 7/1/83 - 6/30/84) RESOLUTION NO. 6538 - CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS - 1108 IRWIN ST. RESOLUTION NO. 6539 - AUTHORIZING THE PURCHASE OF ONE TURF SWEEPER FOR THE PARKS DIVISION, UTILIZING BUDGETED FUNDS (Boyd Martin Co. of Salt Lake City, Utah, designated low bidder, @ $8,745) Approved Sleezer & Eckhoff pro- ceeding with 1982/83 audit; City audit to cost $9,500; Parking District audit to cost $2,350. Approved 110 Linden Lane as site for 1983 Designers' Showcase, from September 12 through October 2, 1983. Approved R. L. Kautz & Co. recom- mendations for denial. RESOLUTION NO. 6540 - IMPOSING A PROCESSING FEE AND AN APPLICA= TION FEE FOR THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS (IDB's) (Processing fee of 1/4% on bond principal to be paid from bond proceeds, and $1,250 application fee) Accepted report indicating five projects for the San Rafael Plan- ning Area. M 283 i-11. Extension of Shell Oil Lease - Second Street & Lincoln Avenue (CA) - Pilo 7-R-17 12. Proposed Lease for Marina at Beach Park (CM) - File 2-8-24 13. Amendment to Agreement with Viacom Cablevision re Special Rate for Qualified Handicapped Persons (GS) - Pilo Q -7-a RESOLUTION NO. 6541 - EXTENDING THE LEASE WITH SHELL OIL FOR PORTION OF CITY PROPERTY AT THE CORNER OF SECOND STREET AND LINCOLN AVENUE ON A MONTH-TO- MONTH BASIS Set public hearing for Monday, June 6, 1983. RESOLUTION NO. 6542 - AMENDING RESOLUTION NO. 5449, RE VIACOM CABLEVISION RATES FOR QUALIFIED SENIOR CITIZENS AND QUALIFIED HANDICAPPED CITIZENS ($2./Mo.) 14. Authorization to Call for Bids - Approved staff recommendation Southern Heights Boulevard Bridge to authorize call for bids. Repair, Project No. 19-1998888000 (PW) - File 4-1-345 AYES: COUNCILMEMBERS: Frugoli, Miskimen & Vice -Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Mayor Mulryan 5. AWARD OF BID - ONE PNEUMATIC -TIRED BACKHOE (GS) - File 4-2-180 Vice -Mayor Jensen stated that he had this item removed from the consent calendar for dis- cussion, because in his opinion the purchase is not being handled according to the City Charter. Mr. Jensen stated that the reason for rejecting the low bidder, North Bay Tractor, Inc., should be clearly stated in the proposed Resolution, and recommended an amendment to the Resolution so the paragraph would read: "That the low bid submitted by North Bay Tractor, Inc., for $27,427.50, be rejected because, although it meets our specifications, the maintenance costs to repair and overhaul the machine over its life would be excessive." On that basis, Mr. Jensen stated he would agree with awarding the bid to the next lowest bidder, Hogue Equipment Co. of Santa Rosa, for $29.574.00. RESOLUTION NO. 6543 - AUTHORIZING THE PURCHASE OF ONE BACKHOE FOR THE PUBLIC WORKS DEPARTMENT UTILIZING EQUIPMENT REPLACEMENT FUNDS (Rejecting bid of North Bay Tractor, Inc., with reasons therefor, and awarding bid to next lowest bidder, Hogue Equipment Co. of Santa Rosa, for $29,574.00.) AYES: COUNCILMEMBERS: Frugoli, Miskimen & Vice -Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Mayor Mulryan 15. PUBLIC HEARING - PROPOSED ISSUANCE OF INDUSTRIAL DEVELOPMENT BONDS - MARIN SQUARE BLUMENFELD PROPERTY CM - File 8-22 a. Loan Agreement. b. Indenture of Trust. c. Bond Purchase Contract. d. Official Statement. Vice -Mayor Jensen declared the public hearing opened. City Manager Beyer explained that the purpose of the public hearing is to meet Internal Revenue Service requirements prior to issuance of bonds. The proposed Resolution authorizes the issuance, sale and delivery of City of San Rafael Commercial Revenue Bonds to finance the construction of the Marin Square Shopping Center on Bellam Boulevard. There being no public input, the hearing was closed. RESOLUTION NO. 6544 - AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF SAN RAFAEL COMMERCIAL REVENUE BONDS (MARIN SQUARE PROJECT) 1983 SERIES A AYES: COUNCILMEMBERS: Frugoli, Miskimen & Vice -Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Mayor Mulryan 16.PUBLIC HEARING - Z82-14 - REZONING OF "NORTHGATE EAST PHASE II"; 4040 CIVIC CENTER DRIVE; EQUITEC/ TIBURON, OWNER; HANS KUHNI, REPRESENTATIVE; AP 180-121-38, 44 and Ptn. of 43; FROM: U' UNCLASSI- FTFn nTCTPTrT Tn- P -n PIANNFn nFvPinPMFNTi nTSTRTrT P1 - FTIF in -5 Vice -Mayor Jensen declared the public hearing opened. Planning Director Moore briefed the Council, indicating that the Planning Commission has concluded that the TSM program is acceptable, and conditions were attached to the use permit to guarantee implementation. The use permit conditions also require commitment to finance the Merrydale overcrossing through an assessment district pursuant to the Council action of April 20, 2983. Ms. Moore stated that the Planning Commission also concluded that the project is well designed and will have a positive visual impact in that it will block some views of the existing Northgate East buildings from the south. As a condition of the Design Review approval, the developer is required to install landscaping on the 'steps' of the existing Northgate East building, and commit to improve the appearance of the existing Northgate East building through modification of the interior window coverings and exterior paint scheme within four years of the approval by the City. These modifications will enhance the earlier phase and will provide compatability between the two phases of Northgate East. There being no public input, the hearing was closed. Councilmember Miskimen moved and Councilmember Frugoli seconded to certify that project impacts are adequately addressed under the Northgate Activity Center Plan EIR. AYES: COUNCILMEMBERS: Frugoli, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Miskimen & Vice -Mayor Jensen & Mayor Mul ryan An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from "U" (Unclassified) District to P -D (Planned Development) District - Northgate East Phase II - and numbering Charter Ordinance No. 1454, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Miskimen & Vice -Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Mayor Mulryan 17. PUBLIC HEARING - VACATION OF DRAINAGE EASMENT AT 53 DUNFRIES TERRACE (PW) - File 2-12 Vice -Mayor Jensen declared the public hearing opened. Public Works Director Bernardi informed the Council that staff is recommending that the public hearing be continued for an indefinite period until such time as agreement is reached between the property owners, Mr. and Mrs. Larry Bartholow, and their neighbor regarding a matter of their deck encroaching into their neighbor's property. There being no public input, the hearing was continued to a date uncertain, and will need to be renoticed when it is rescheduled. 18. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS AT 809 FOURTH STREET (PW) - File 13-1-1 Vice -Mayor Jensen declared the public hearing opened. Public Works Director Bernardi informed the Council, sitting as the Board of Appeals, that Mostafa Sameni and Reza Mousazadeh are proposing to convert an existing storefront into a small restaurant in the building at 809 Fourth Street, at an estimated cost of $16,000. The enlarging of the toilet facilities, interior ramp between the dining area and the toilet room, and access from the street, would total approximately $4,000. The appellants have agreed to provide access from the street, but are asking that the other requirements be waived. Staff concurs, as does the Marin Center for Independent Living. There being no public input, the hearing was closed. Councilmember Miskimen moved and Councilmember Frugoli seconded, to approve the staff recommend- ation and grant the appeal, and directed staff to bring back a Resolution with findings for adoption at the June 6th meeting. AYES: COUNCILMEMBERS: Frugoli, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Miskimen & Vice -Mayor Jensen Mayor Mul ryan 19. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 150 BELLAM BOULEVARD (PW) - File 13-1-1 Vice -Mayor Jensen declared the public hearing opened. PM Public Works Director Bernardi informed the Council, sitting as the Board of Appeals, that Frank and Elaine Tarazi are doing minor remodeling to an existing restaurant at 150 Bellam Boulevard, at an estimated cost of $450. Access requirements would require that an existing toilet room be enlarged at a cost of from $3,000 to $5,000, and that a curb ramp and parking space be provided at a cost of $250. Mr. Tarazi has indicated his willingness to install the curb ramp to provide access from the parking area onto the building sidewalk, but is appealing the requirement for the interior modifications. Staff, and the Marin Center for Independent Living, concur. There being no public input, the hearing was closed. Councilmember Frugoli moved and Councilmember Miskimen seconded, to approve the staff recommend- ation and grant the appeal, on the basis that the exterior ramp and parking space be provided; and directed staff to bring back a Resolution with findings for adoption on June 6th. AYES: COUNCILMEMBERS: Frugoli, Miskimen & Vice -Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Mayor Mulryan 20. REPORT ON BID OPENING RE PICKLEWEED PARK COMMUNITY CENTER (Rec) - File 4-1-339 x 2-1-55 Vice -Mayor Jensen discussed rising costs, which have resulted in the bids which were opened on May 3rd being far above the estimate by the architect. City Manager Beyer recommended to the Council that staff be given additional time to investigate the various options and to bring back a recommendation to the Council on June 6th. The contrac- tor who was the low bidder at $1,150,000 base bid, and $1,075,200 base bid alternates, Leonard Salomon, has agreed to extend his bid offer until the June 6th meeting. Mr. Beyer pointed out that the shortfall for the project is $249,300. 21. GRANTS TO CITY - SAN RAFAEL BAY PARK: (PW) - File 2-5-10 Public Works Director Bernardi informed the Council that approval was granted in 1982 by the Planning Commission for a minor subdivision entitled Bay Park at 2175 Francisco Boulevard. As conditions of approval, the applicant was required to offer for dedication a shoreline band (Parcel A) and a 24 -foot -wide public access easement to the City of San Rafael. Also, the applicant was to record a roadway maintenance agreement describing the joint responsibility of the City and the property owners for the maintenance of the 24 -foot -wide public access ease- ment. The proposed resolutions will complete these provisions. RESOLUTION NO. 6545 - ACCEPTING GRANT OF SHORELINE BAND AND EASEMENT FOR PUBLIC ACCESS PURPOSES, BAY PARK SUBDIVISION AYES: COUNCILMEMBERS: Frugoli, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Miskimen & Vice -Mayor Jensen & Mayor Mulryan RESOLUTION NO. 6546 - AUTHORIZING THE SIGNING OF A ROAD MAINTENANCE AGREEMENT - BAY PARK SUBDIVISION AYES: COUNCILMEMBERS: Frugoli, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Miskimen & Vice -Mayor Jensen & Mayor Mulryan 22. REQUEST TO RESCIND AWARD OF BID FOR POLICE DEPARTMENT PORTABLE RADIOS AND TO CALL FOR NEW BIDS GS - File 4-2-173 City Manager Beyer informed the Council that this item was agendized at his request, to recom- mend to the Council that they rescind the recent award of bid to Motorola C&E, Inc., for seven portable radios for the Police Department. Shortly after the bid award, it was learned that Motorola was offering several other cities in the Bay area discounts on portables ranging from 20% to 40%, and had not reflected such a discount in the City's bid. As far as could be determined, the bid price given reflected little or no discount. In addition, Motorola offered the City a discount equal to approximately 22% below the bid price, after the award. Also, a complaint was received from one of the bidders objecting to the specifications for the portables because he felt that they were written in such a manner as to preclude other bidders from participating. Mr. Beyer indicated that staff is not recommending rescinding the award of the bid for the Fire Engine radio, nor for the Public Works radio equipment, but only the seven Police Department radios. Also, staff is recommending to Council that they approve calling for bids for a new base station for the Police Department. Vice -Mayor Jensen stated that in his opinion Motorola should be barred from bidding with the City, and questioned awarding the bid for the Fire Engine radio to them. Assistant to the City Manager Barbier informed the Council that the bid for the Fire Engine radio was a good price. Attorney Fred Peterson, representing Francis Strohmeyer of Radio Communication Service, San Rafael, informed the Council that his client was awarded bids on some of the other items involved in the bidding, but that even with the 22% Motorola offered they would still have been the highest of the five bidders. He further stated that in the specifications there were 30 references to Motorola items, and that even when the specifications were rewritten there still were numerous references. Mr. Peterson asked that the Council reject the Motorola bid for the Police Department portable radios, and award the bid to the lowest responsible bidder, or call for bids again with Motorola disqualified. Mr. Peterson said that with reference to the Fire Engine radio he does not find anything to indicate that bid should be rejected. Councilmember Miskimen inquired why Motorola was awarded the bid on the portable radios, and Mr. Beyer indicated it was because of interchangeability. After further discussion Councilmember Frugoli moved and Vice -Mayor Jensen seconded, to reject all bids for the seven Police Department portable radios and the Fire Engine radio, rewrite the specifications and go out to bid, and take the lowest bidder. City Manager Beyer asked if, before the vote, he could speak to the Fire Engine radio, since it is in a different category. Vice -Mayor Jensen responded that, since that bid involves Motorola, he feels it too should be rejected. AYES: COUNCILMEMBERS: Frugoli, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Miskimen & Vice -Mayor Jensen & Mayor Mulryan Councilmember Frugoli then moved and Councilmember Miskimen seconded, to approve calling for bids for the base station for the Police Department. AYES: COUNCILMEMBERS: Frugoli, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Miskimen & Vice -Mayor Jensen & Mayor Mulryan 23. REPORT RE TRAFFIC SIGNAL MAST ARM INSTALLATIONS (PW) - File 4-1-343 This item was continued from the meeting of May 2, 1983, for staff to prepare additional information for the Council. Public Works Director Bernardi presented the additional inform- ation, indicating the twenty-two locations throughout the City where mast arm traffic signals now exist. There are ten new locations being recommended, at intersections on Second, Third and Irwin Streets. Councilmember Frugoli moved and Councilmember Miskimen seconded, to approve the staff recom- mendation and authorize calling for bids for the installation of the traffic signal mast arms. AYES: COUNCILMEMBERS: Frugoli, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Miskimen & Vice -Mayor Jensen & Mayor Mulryan 24. ADDITIONAL OPTION FOR DEFERRED COMPENSATION FUNDS (Fin) - File 7-4-5 Finance Director Coleman informed the Council that the International City Management Associ- ation (ICMA) Retirement Corporation has a large nationwide deferred compensation plan which is currently available in a large number of cities. The plan has four different investment options available. It would not replace the City's two existing options with the savings and loan and the mutual fund, but would offer a third alternative. One of the four options avail- able within the ICMA plan is a guaranteed Interest Fund which currently has a guaranteed rate of 15 1/2% through September 1987 for all funds deposited by June 30, 1983. Funds deposited after July will have a guaranteed minimum rate of 11% for 3 1/2 years. RESOLUTION NO. 6548 - AUTHORIZING PARTICIPATING IN THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN AYES: COUNCILMEMBERS: Frugoli, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Miskimen & Vice -Mayor Jensen & Mayor Mulryan 25. FINANCING OF PARKING GARAGE (Fin) - File 8-14 x SRRA R-195 Finance Director Coleman informed the Council that the estimated cost of the parking garage at Third and "A" Streets is $2,085,000. The various sources of funding total $1,440,000, leaving a balance of $645,000 to be funded from some other source. It now appears that an additional $100,000 will be available from the Parking District, leaving an unfunded balance of $545,000. Mr. Coleman recommended to the Council that the shortfall be funded by a loan from the General Fund and the Open Space Fund. Mr. Coleman further recommended that the $200,000 in the Open Space Fund which was recently received from the County of Marin could be loaned by the City at 4.9°x, while the balance could come from the General Fund at 9% based on the current CD yield. Based on the projected revenues, these loans could be paid off within 2 1/2 to 3 years. -287 Vice -Mayor Jensen inquired about the amount of the loan from the City to the Redevelopment Agency, and Mr. Coleman replied it is $268,000. Mr. Jensen recommended using those funds. Mr. Coleman indicated that might cause a cash flow problem within the Redevelopment Agency, and staff was asked to study that matter and report back at the June 6th meeting on the impact of refinancing the Redevelopment loan from the City at 9% vs 4.9%. Meanwhile, Council agreed to adopt an amended Resolution indicating that, in addition to the Parking District contributing an additional $100,000 to the parking garage, $468,000 should be transferred from the Open Space Fund at an interest rate of 4.9% and the balance owed from the General Fund at an interest rate of 9%. RESOLUTION NO. 6549 - AUTHORIZING ADDITIONAL FUNDING FOR THE PARKING GARAGE AT THIRD AND "A" STREETS AYES: COUNCILMEMBERS: Frugoli, Miskimen & Vice -Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Mayor Mulryan 26. REQUEST FOR APPROVAL - ELKS PARADE (GS) - File 11-22 Assistant to the City Manager Barbier informed the Council that the San Rafael Elks Lodge is celebrating its 75th anniversary and is requesting to hold a major parade in the downtown area on September 25, 1983, with the City of San Rafael as co-sponsor. For the past three years the City has been a co-sponsor with the Kiwanis and Native Sons for their annual Parade and Picnic, but this year the two organizations have agreed to cancel their event, normally held in July, and sponsor the town picnic at Forest Meadows immediately following the Elks Parade. Mr. Barbier indicated that the total cost to the City to provide Police, Fire and Public Works services for this year's parade and picnic is $13,143, compared to the cost of $7,000 which was spent on last year's parade. The increase is due to negotiated employee pay raises over the past year, and the fact that the Elks Parade is expected to draw an extremely large crowd, so more personnel will be required. In order to keep the City's expenditure level close to last year's, the Elks have agreed to pay the City $1,000 cash and an additional $2,000 in cash or labor to repair a fence which runs on the property line between Falkirk and the Elks Lodge. In addition, the Picnic Committee will reimburse the City $700. It is also anticipated that this event will bring sales tax and hotel tax revenue to the City, amounting to approximately $1,720. Councilmember Frugoli moved and Councilmember Miskimen seconded, to approve the Elks Parade for September 25, 1983, and agreed to co-sponsor by providing in-kind services. AYES: COUNCILMEMBERS: Frugoli, Miskimen & Vice -Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Mayor Mulryan 27. AMENDMENT TO AGREEMENT WITH CITY MANAGER (CM) - File 9-3-11 x 7-3 Council reviewed a memorandum from Mayor Mulryan, presenting an amendment to the Agreement with City Manager Beyer, recommending a 6% increase retroactive to May 1, 1983, and extending the Agreement to November 1, 1984, for a total annual salary of $56,000. RESOLUTION NO. 6550 - AMENDING THE AGREEMENT BETWEEN CITY MANAGER AND CITY OF SAN RAFAEL (RESO- LUTION NO. 5985) (Retroactive to May 1, 1983, extending Agreement to November 1, 1984) AYES: COUNCILMEMBERS: Frugoli, Miskimen & Vice -Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Mayor Mulryan 28. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Council agreed to support AB 1256 (McAlister) regarding Immunity for Fighting Hazardous Spills, and AB 575 (Foran) regarding Joint and Several Liability. Staff was asked to keep aware of a new bill being written regarding Compulsory and Binding Arbitration. The City Council adjourned to Closed Session to discuss pending litigation. VAM M. LEONCIN , City Clerk APPROVED THIS % DAY , 1983 FRET JENS e- ayo of the City of Sa Rafael *** *** *** *** *** *** *** *** In Conference Room 201 of the San Rafael City Hall, Wednesday, May 25, 1983, at 4:30 PM. Special Meeting: Present: Fred E. Jensen, Vice -Mayor Gary R. Fruguoli, Councilmember John A. Miskimen, Councilmember Absent: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Also Present: Robert F. Beyer, City Manager RE: CLOSED SESSION TO DISCUSS LABOR NEGOTIATIONS - File 9-1 The City Council met in closed session to discuss labor negotiations. No action was taken. 1 B anager APPROVED THIS 6Z "DAY OF 1983 7c; 'rf FREDIJ NSET', V-71&7Mayor In the Council Chambers of the City of San Rafael, Tuesday, May 31, 1983, at 4:30 PM. Special Joint Present: Lawrence E. Mulryan, Mayor/Agency Meeting: Chairman Dorothy L. Breiner, Councilmember/ Agency Member Gary R. Frugoli, Councilmember/ Agency Member Fred E. Jensen, Councilmember/ Agency Member John A. Miskimen, Councilmember/ Agency Member Also Present: Robert F. Beyer, City Manager/Executive Director; Regina A. Buchanan, Deputy City Clerk/Asst. Agency Secretary RE: DISCUSSION RE TRANSPORTATION CENTER - REPORT ON SHAMROCK MATERIALS SITE - File SRCC 112-2 x SRRA R-81 Mayor/Agency Chairman Mulryan opened the meeting with the comment that the only item not covered in the staff report was relocation of the Shamrock plant. City Manager/Executive Director Beyer indicated that the only indication he had during discussions was the possibility of a trade-off regarding CalTrans property on Andersen Drive, but that there will have to be more definitive work on that aspect depending on the outcome of this meeting. Mayor Mulryan stated he considers such a trade-off would be a major issue. Traffic Engineer Gerth addressed the Council/Agency, indicating that the downtown locations proposed for the transportation center are pedestrian oriented and the farther away the center is moved the more undesirable it becomes from a pedestrian standpoint. If the Shamrock site is chosen, pedestrian access will have to be improved, in fact in some areas there is no pedestrian access from the downtown area. Mr. Gerth's opinion is that there would not be many individuals walking that far, but that the pedestrian activity would increase along Lincoln Avenue and other downtown bus stops. Use of the Shamrock site would eliminate major group transfer patrons at Fourth and Hetherton streets. Councilmember/Agency Member Frugoli inquired if most of the transfer patrons at Fourth and Netherton are from cars parked in the vicinity, and Mr. Gerth replied that a fair percentage of people using the District buses are office commuters, but that a number of people use the buses for shopping trips into the downtown area. Peter Dyson, Senior Planner for Golden Gate Transit, introduced Jim White, project engineer for DMJM, consultant who prepared the Shamrock Site Analysis. Mr. White stated he agrees with the comments made by Traffic Engineer Gerth, and is very concerned about pedestrian access- ibility to the Shamrock site. He also addressed the difficulties in relocating a plant such as the Shamrock one, and indicated that some sort of lending action would be needed to accom- modate Shamrock's transfer to the Andersen Drive site. While it is more desirable than the Rice Drive site, the recommendation from DMJM is that the District discuss with the City the possibility of developing a transportation center on sites 9+10+16. The discussion should include the option of development of Site 9+10, and a portion of Site 16. If no agreement can be reached by including all or part of Site 16, discussion should then be focused on the possibility of developing Site 9+10. Councilmember/Agency Member Breiner asked about the possibility of including Site 9+10, and foreclose the possibility of using Site 16, and inquired about the impact that would have on Lincoln Avenue. Mr. White indicated that would result in slightly less impact on Lincoln Avenue. If restricted to Site 9+10, that would be adequate for about five years. Attorney Fred Peterson, representing the Milani and Baxter families, urged the Council/Agency to not consider the use of Site 16, because of its impact on the businesses on that site, and recommended that the Shamrock site be approved. City Manager/Executive Director Beyer presented a letter received today from the Downtown Parking District Advisory Committee, supporting the Shamrock site. Councilmember/Agency Member Breiner stated she believes the Shamrock site is better than the Rice Drive site, but that none of the sites being talked about is ideal. She stated her concern about the traffic impacts on Lincoln, Second and Third streets and, if the Shamrock site is used, the impact on Bellam Boulevard. She stated there will still be congestion downtown at the bus stops. Councilmember Breiner also expressed concern about the safety of pedestrians walking to that remote spot, particularly after dark if they missed a bus uptown and were forced to walk all the way to the Shamrock site. Councilmember Breiner then moved that the Council support the transit terminal on Sites 9 and 10 exclusively, with no possibility for expansion onto Site 16, because that would be more convenient to a greater number of commuters and bus riders who would still have parking under the freeway available to them, and who would find access more convenient. The motion died for lack of a second. Councilmember/Agency Member Jensen moved, and Councilmember/Agency Member Frugoli seconded, to develop the Shamrock site. Mayor Mulryan suggested that the motion be amended to: The Shamrock site be recommended to the Bridge District. Messrs. Jensen and Frugoli agreed to the amendment. AYES: COUNCILMEMBERS/AGENCY MEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS/AGENCY MEMBERS: Breiner ABSENT: COUNCILMEMBERS/AGENCY MEMBERS: None Councilmember/Agency Member Breiner indicated that her negative vote was because of the reasons previously stated. Mayor/Agency Chairman Mulryan then asked Mr. Beyer if he would discuss and obtain the details on the transfer of the Shamrock Plant to Andersen Drive; and that developments be reported as they develop. The Council/Agency adjourned to their next regularly scheduled meetings on Monday, June 6, 1983. REGINA -R. BUCHANAN, Deputy City Clerk/Asst. Agency Secretary APPROVED THIS DAY OF , 1983 L PENCE E. MULRYAN, Mayor/Agency Chairman City of San Rafael *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, June 6, 1983, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney 1. SAN RAFAEL CENTENNIAL YOUTH COMMUNITY SERVICE AWARDS - File 104-1 Rex Silvernale, Trustee of the San Rafael Centennial Trust and former San Rafael Board of Education member, presented the 1983 San Rafael Centennial Youth Community Service Award to William P. Bowersock, Jr., a senior at San Rafael High School. Mayor Mulryan and Mr. Silverdale also presented certificates and Centennial coins to the runners-up: Jennifer Elizabeth Brownson, Adam Gardner, Terry Holland, Jacqueline King, Mark Krieger, Elise Olmsted and Mark Sedway. 290 ORAL COMMUNICATIONS OF AN URGENCY NATURE - File 104 Bruce Scott, President of the San Rafael Board of Education, introduced newly -appointed Superintendent of San Rafael City Schools, Dr. Nancy Marley, who was welcomed by Mayor Mulryan on behalf of the City of San Rafael. CONSENT CALENDAR Councilmember Jensen moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item 2. Approval of Minutes of Special Joint Meeting of May 9, Regular Meeting of May 16, and Special Meeting of May 25, 1983 (CC) 3. Extension of Terms - Citizens' Advisory Committee on Energy (PW) - F1 -2-34 5. Approval of Eighth Annual Marin County Velodrome Association Bicycle Race (GS) - File 9-3-30 6. Approval of Parcel Map - Lands of Morphew (PW) - File 5-1-283 7. Approval of Parcel Map - Lands of Grange - (PW) - File 5-1-284 9. Resolution of Findings - Appeal of Handi- capped Access Requirements at 150 Bellam Boulevard (PW) - File 13-1-1 (Relief from requirement for curb ramp & parking space not granted) 10. Resolution of Findings - Appeal of Handi- capped Access Requirements at 809 Fourth St. (PW) - File 13-1-1 11. Final Acceptance of Peacock Gap Neigh- borhood Park Master Plan (Rec) - File 4-3-89 12. Call for Applications to Fill Vacancy on Planning Commission (CC) - File 9-2-6 13. Claims for Damages: a. James & Leslie Robson (PW) - File 3-1-773 b. William Richard Harsin (PW) - File 3-1-774 c. Transamerica Insurance Group (Ref. Susan Gocher Claim) (PW) - File 3-1-789 Recommended Action Approved as submitted. Reappointed current members for addi- tional term, until June 30, 1984: Tom Obletz, Chairman; Charles Barber; Sam Natelson; Sidney Pankin, & Doug Pittman. Approved closure of one side of Civic Center Drive for bicycle races on August 14, 1983, from 9:00 AM to 5:00 PM. Association members will handle their own traffic control; beat officer will make occasional checks. RESOLUTION NO. 6551 - APPROVING PARCEL MAP OF LANDS OF MORPHEW. RESOLUTION NO. 6552 - AUTHORIZING SIGNING OF A DEFERRED ASSESSMENT DISTRICT AGREE- MENT, FOR KERNER BLVD. & MORPHEW ST. RESOLUTION NO. 6553 - APPROVING PARCEL MAP OF LANDS OF GRANGE. RESOLUTION NO. 6554 - AUTHORIZING SIGNING OF A DEFERRED ASSESSMENT DISTRICT AGREE- MENT, FOR KERNER BLVD. & MORPHEW ST. (GRANGE) RESOLUTION NO. 6555 - CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS - 150 BELLAM BOULEVARD RESOLUTION NO. 6556 - CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS - 809 FOURTH STREET Report and Master Plan accepted. Called for applications for vacancy caused by John M. Galbraith, Jr., not seeking reappointment on expiration of his term the end of June. Deadline for applications to be noon on Wednesday, June 29th, with interviews before meeting of July 5th. Approved R. L. Kautz & Co. recommend- ations for denial of claims. 291 14. Set Public Hearing Dates for 1983/84 Budget (CM) - File 8-5 15. Report re Refinancing of Redevelopment Agency Loan (Fin) - File 8-5 16. Proclamation for National Scleroderma Awareness Week - June 12 thru 18, 1983 (CM) - File 110 Set dates for June 27 and 28, 1983, and June 29th if needed. RESOLUTION NO. 6557 - REFINANCING THE $268,000 LOAN TO THE SAN RAFAEL REDEVELOPMENT AGENCY (@ 9%, effective June 1, 1983) Information item. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Breiner, with regard to all minutes; Mayor Mulryan with regard to minutes of May 16 and 25, 1983; Miskimen with regard to Item 11. 4. APPROVAL OF CHANGE ORDER - PARKING STRUCTURE ON THIRD STREET BETWEEN "A" AND "B" STREETS (PW) - File 140 x R-195 Public Works Director Bernardi explained to the Council, in reply to Councilmember Jensen's question regarding the sidewalk removal and replacement, that four feet of the sidewalk on Third Street is to be removed to provide the necessary planting area for trees and shrubbery. The landscaping plan, which City staff and George Girvin prepared, has been approved by the Design Review Board. This is not part of the original contract and, therefore, is considered extra work. The cost of the work, including the contractor's markup, is estimated at $10,640. Councilmember Jensen moved and Councilmember Frugoli seconded, to approve staff recommendation regarding the change order, for an amount not to exceed $10,640. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 8. REQUEST FOR APPROVAL TO PLANT TREES ON SECOND AND THIRD STREETS (PW) - File 9-3-40 Councilmember Frugoli questioned the necessity for replanting street trees and Public Works Director Bernardi explained that because of the past two severe winters, many of the trees on Second and Third streets have died or been blown over. Other factors were flooding, traffic accidents, and poor soils conditions. The species being planted this time are Raywood Ash and Autumn Purple Ash, which are used in many cities as street trees because of their tolerance for poor soils and drainage, and their adaptability to varying climates. They both grow to a very good height, and will soften the starkness of Second and Third streets. Councilmember Jensen moved and Councilmember Frugoli seconded, to approve the planting of Raywood Ash on Third Street and Autumn Purple Ash on Second Street. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. PUBLIC HEARING - CC82-6 - APPEAL OF PLANNING COMMISSION CONDITIONAL APPROVAL OF REQUEST FOR CERTIFICATE OF COMPLIANCE AND RESCISSION OF RECORDED NOTICE OF VIOLATION; SIRARD LANE; WM & JUDITH MURPHY, OWNERS; JOSEPH L. LEMON, APPELLANT; AP 10-011-35 P1 - File 10-6 Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed the Council, explaining that on a 3-2 vote at a Planning Commission meeting on March 29, 1983, the Planning Commission certified a Negative Declaration and conditionally approved the Certificate of Compliance for the Murphy property above Sirard Lane. Findings were made that all potential project impacts would be mitigated through measures contained in the conditions of approval. Conditions were added by the Planning Commission requiring that the applicant record a covenant prohibiting any future subdivision of the property, prohibiting development of a swimming pool, and requiring redesign of the road slope to eliminate visual concerns expressed by Dr. Richard Hahn, whose property is adjacent to the proposed roadway. Ms. Moore informed the Council that the Commission's approval of a Certificate of Compliance for the property has been appealed by attorney Joseph Lemon, representing Dr. Hahn. Mr. Lemon cited several reasons for the appeal: 1) That the lot in question was created by deed action and is not legal; 2) That there is disagreement regarding risks associated with development of the property; and 3) That approval of the Certificate of Compliance would raise the value of the property which has been sought by Sun Valley Home Owners Association as open space. Council then heard from Mr. Lemon, who reiterated his reasons for appeal, adding that access to the property is a real problem, as well as unstable soil and the fact that this is a slide area. Mr. Lemon stated that in his opinion the property is not developable. 292 Council then heard from residents of the area: Lloyd Aultman, Michael Landis, Dr. Hahn, Gayle Mills, Geri Gottbrath and Carl Scholz, all of whom expressed concerns regarding building on unstable land, possibility of slippage which would endanger their properties or their neigh- bors', and urging the Council to uphold the appeal. Council then heard from Wm. Murphy, owner of the property, who stated he feels he has addressed the drainage problems, and feels that building on the land will help to stabilize it. Mike Malone of Herzog informed the Council that the house would be on piers, and that measures could be taken to address the problems. He felt there would be greater risk if the land is not developed. Architect Iry Hailey, stated that the technique of using piers in a situation like this is usually very successful. There being no further public comment, the hearing was closed. Councilmember Breiner stated that, before making a motion there are a few remarks for the record that the Council is not considering cost of the mitigation measures, possible use as open space, or other considerations, but strictly the public health and safety. She stated that what troubles her the most is the fact that there is no 'fail safe' guarantee that the maintenance of the drainage would be available in perpetuity. The current owner could be extremely fastidious about seeing that everything is proper, but the house could ultimately be sold to someone who did not maintain it. Mrs. Breiner stated there is enough in the record before the Council to raise questions of public health and safety. Councilmember Breiner then moved that the Council not issue the Certificate of Compliance, but direct staff to prepare a Resolution with findings, to sustain the appeal and deny the action of the Planning Commission. Motion was seconded by Councilmember Jensen. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmembers Jensen & Miskimen left meeting) 18. PUBLIC HEARING - P82-17 & Z83-4 - SECOND DWELLING UNIT ORDINANCE AND VARIOUS ZONING ORDINANCE TEXT CHANGES P1 - File 10-13 x 115 Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed the Council, stating that the changes discussed by the Council on April 18, 1983, have been incorporated into the proposed Ordinance and Resolution which are offered for consideration at this meeting. There being no public input the public hearing was closed. Councilmember Breiner recommended two changes in the proposed Ordinance: On the first page, paragraph a.(2), sixth line to be amended to read, "...because of illness or employment", eliminating the words "or similar reason". On page 2, sixth line of paragraph (5), the word "may" to be substituted for the word "can". Council agreed to these changes. (Councilmember Jensen returned during discussion) Councilmember Frugoli moved and Councilmember Breiner seconded to certify the Negative Declaration. RESOLUTION NO. 6558 - CERTIFYING A NEGATIVE DECLARATION AND ADOPTING VARIOUS TEXT CHANGES TO THE ZONING ORDINANCE REGARDING SECOND DWELLING UNITS AND RELATED DEFINITIONS (As amended to conform to Ordinance) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen An Ordinance of the City of San Rafael, Amending Sections 14.08.050D, 14.08.070F, 14.08.200S, 14.16.025, 14.48.040b, 14.50.040a, 14.51.020B of the San Rafael Municipal Code Title 14 Con- cerning Second Dwelling Units and Various Text Amendments to the Zoning Ordinance, and numbering Charter Ordinance No. 1455, was read, introduced, and ordered passed to print as amended by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 19. PUBLIC HEARING - Z83-1 & Z83-8 - TEXT CHANGE TO ADD "NG" (NORTHGATE ACTIVITY CENTER OVERLAY IITCTDTrT N . Anrn DC7r)AITNC nC DADrCI C TAI TUC AI0DTUf'ATC Ar`TT\/T TV r`Ch1TCD Tr) r`r)MDTAIC TUC' n%ICDI AV : INITIATED BY CITY OF SAN RAFAEL (P1) - File 10-3 x 10-2(VI Mayor Mulryan declared the public hearing opened. 293 Planning Director Moore informed the Council that the two proposed ordinances have been prepared to implement portions of the Northgate Activity Center Plan. The first Ordinance incorporates a "Northgate Activity Center Overlay District" into the Zoning Ordinance, while the second Ordinance applies the new Overlay Zoning District to parcels throughout the Northgate Activity Center. The "Northgate Activity Center Overlay District" formalizes the land use designations, establishes the traffic operational standard, specifies the PM peak period trip allocation, and establishes the traffic mitigation fee formula for all parcels within the incorporated portions of the Northgate Activity Center. There being no public input, the public hearing was closed. Councilmember Breiner moved and Councilmember Frugoli seconded, that the Council find that the Northgate Activity Center Final Environmental Impact Report completely, correctly and adequately describes the project, mitigations, alternatives, comments and responses to comments. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen An Ordinance of the City of San Rafael, Adding Section 14.67 to the San Rafael Municipal Code (NG: Northgate Activity Center Overlay District), and numbering Charter Ordinance No. 1456, was read, introduced, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property in the Northgate Activity Center to Apply the Northgate Activity Center Overlay District, and numbering Charter Ordinance No. 1457, was read, introduced, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 20. PUBLIC HEARING - PROPOSED LEASE FOR MARINA AT BEACH PARK (CM) - File 2-8-24 Mayor Mulryan declared the public hearing opened. City Manager Beyer briefed the Council, indicating that in March of this year the Council had authorized negotiating of a lease for a marina and restaurant at Beach Park, and authorized Turning Basin Marina Associates to file an application for that use with the Planning Commis- sion. In April, the Council was asked about switching the proposed restaurant location with a portion of Beach Park, to make the plan more functional. The Council considered this a reason- able request, and referred it to the Park and Recreation Commission for a recommendation. The Commission voted against the proposal, and indicated they would favor smaller docking berths; switching docking slips to the left side, west side of the turning basin, so that the turning basin stays in front of the park; and moving the restaurant back on the site so that the park stays close to the water edge, allowing public access. Mr. Beyer indicated that a ground lease has been prepared and is being presented at this meeting for Council consideration. He mentioned that two policy issues which should be dis- cussed in relation to this project are: 1) The location of the park in relation to the restaurant as previously mentioned; and 2) Traffic mitigation fees. The traffic mitigation fees are not provided for in the proposed agreement, but could be discussed in the conditions imposed on this use as it goes through the planning process. The applicant is asking that traffic mitigation fees not be applied to this project. City Attorney Duggan recommended to the Council that a marine sewage pump -out station, for the use of the public, be established as a requirement of approval of the proposed marina. Park & Recreation Commission Chairman Nicholson informed the Council that the Commission is concerned with the lease of park lands for private enterprise, in relation to setting a pre- cedent. Although it is a low attendance park, it is an ideal area for the high school sailing program, and there is no other location in the area which is comparable. Also, the Commission feels that if the City wishes to generate revenue, they question whether this is the best proposal financially, is it most compatible with existing use, and should it be open to public bid. Council then heard from Curtis Baker, urging them to not change the character of the park since there is no other area like it on the Canal; from Matthew Guthrie, one of the developers, who stated that the plans have been revised and that the restaurant building now has three levels, which are stepped back for a lower visual effect; from Harry Winters who stated there is a policy issue involved and he questioned a public agency entering into an agreement such as this without the project going out to public bid; from Wm. Monti, a San Rafael High School teacher, who also instructs the sailing program, pleading for the preservation of the program which would be threatened by such a project. San Rafael resident Joe Mahoney questioned the financial arrangement, and the amount the City would actually realize from the project. 294 Councilmember Breiner mentioned that she would like to see legal justification before the City leases any park lands. Mayor Mulryan agreed. Kathy Campbell of the Canal Community Alliance stated her organization does not have a position on this matter because of the time they have been spending on Pickleweed Park; however they are concerned about street traffic, and water traffic and safety, as well as continued access of residents to the water. Gale Fisher informed the Council that because of the possible consol- idation of the two high schools in San Rafael, it would be a great loss to the students if their sailing program was curtailed or if the resulting pollution from the project would adversely affect the Canal. Virginia Franklin, San Rafael High School teacher of Government, asked the Council for information on the City's policy, so she could discuss it with her students, on whether the City must make money off the land as balanced against the students' use of the property. Mayor Mulryan replied that this issue only came up because of a proposed project by individuals, and the purpose of this public hearing is to balance the revenue and the effect the project would have on the facility, and whether the project would be worth the loss of part of the facility. Nancy Kaehl addressed the Council, speaking on behalf of Wm. Monti, and the dedication he shows toward the students he teaches. John Moore of the San Rafael Yacht Club, stated that the length of the lease, fifty years, concerns him since the Yacht Club has only a thirty-year lease. Parking is the big concern of the Yacht Club, and with 200 members when they have a social function the nine parking spaces in the plan would be much less than adequate. They are also concerned with the traffic pattern in the area, with entering and leaving Francisco Boulevard. He stated the Yacht Club would be interested in leasing the parking area to the West of Beach Park Road, and maintaining it, and possibly developing the dock on that site. Matthew Guthrie addressed the Council, stating that on the basis of the conceptual approval by the Council, and their authorizing negotiating a lease, this group of developers went ahead with their design and preliminary plans, feeling that they would have the right of first refusal in negotiations. He stated they have spent a substantial amount of money thus far, and asked the Council if there can be some further review by a Council committee and members of the community, to try and work out some plan which would give the City some revenue, if that is something they would want to pursue. Because they have gone so far with their plans, and have paid a substantial fee to Planning Department just today, Mr. Guthrie stated his group would like to see if there is a possibility of the Council establishing a committee, meeting with some people and telling his group if they do feel the concept is still worthy. Councilmember Breiner stated that she recognizes that the Turning Basin Marina Associates have spent considerable time on this project, and that tonight's discussion illustrates that perhaps the public was not notified of this possibility early enough so the Council would be aware of some of the problems. She stated that this proposal as it is now, is very different from the one the Development Review Committee originally approved, since this now has more boat slips and a three story restaurant and offices, and a park which was originally waterside is no longer. While it is attractively drawn and a lot of work has gone into it, there apparently is the possibility of the loss of a great resource, according to the people who have spoken this evening. Mrs. Breiner stated she is not against having a small restaurant on the site, but that the City should go out to public bid. Councilmember Frugoli stated he is in favor of a Council committee to meet with representatives of the Park and Recreation Commission, Mr. Monti and others who are concerned, City staff and the developers, to see if some berths could be put in and perhaps a smaller project, as a compromise. The San Rafael Yacht Club should also be involved. There being no further public input the hearing was closed. Councilmember Breiner moved that the particular proposal in front of the Council at present be denied as now presented, with berths and restaurant, and that the Council entertain the idea of putting it out to public bid after discussion at the Council level and with the Yacht Club and interested parties, with the possibility of a small restaurant on the site. This would be after the legal research has been done to find out if the City has the power to lease out public parkland. Councilmember Jensen inquired about boat berths being omitted from the motion, and Mrs. Breiner stated she omitted them because she could see conflict with the classes and the Yacht Club. Mayor Mulryan asked if Mrs. Breiner could include in her motion some slips, leaving out how many or what length, so they could be considered in the review. Mrs. Breiner indicated she would let someone else make that motion. There being no second, the motion died. Councilmember Frugoli then moved and Councilmember Jensen seconded, to consider a small restaurant and some berthing, and perhaps one side for San Rafael Yacht Club and one side for the restaurant part for small berthings, with consideration by the group previously mentioned. The motion includes going out to public bid. AYES: COUNCILMEMBERS: Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: Miskimen Councilmember Breiner stated that she voted against the motion because she does not want the additional berths included. 295 Guthrie mentioned the substantial id Mayor Mulryan seconded, that the i. fee paid today to the City. Councilmember Breiner fee paid to the Planning Department today be COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan COUNCILMEMBERS: None COUNCILMEMBERS: Miskimen 21. REPORT ON LAFCo DRAFT SPECIAL DISTRICT SPHERE OF INFLUENCE STUDY FOR RICHARDSON BAY AND LAS GALLINAS/LUCAS VALLEY AREAS P1 - File 191 x 149 Planning Director Moore called the Council's attention to various staff comments regarding the study, principal of which is the concern that LAFCo take the initiative and responsibility for evaluating the fiscal impacts on the City of San Rafael of several of the recommendations contained within the draft study. Staff feels that it is not reasonable to expect the City to take responsibility for such evaluation in areas where annexation could have adverse fiscal effects on the level of service provided to existing City residents and where resident interest in annexation to the City of San Rafael appears to be nonexistent or very low. Council, without motion, approved the staff recommendation that the report be accepted and the City's comments be forwarded to LAFCo. 22. STATUS REPORT ON MERRYDALE ROAD OVERCROSSING: (PW) - File 10-2 x 11-16 a. Seek Proposals for Design Services b. Report on Proposed Assessment District Public Works Director Bernardi informed the Council that CalTrans has indicated they would be willing to perform the design for the overcrossing; however, because of the new emphasis on highway projects, CalTrans will not be able to begin work for at least two years. Staff recommended that Council authorize seeking of proposals for design services to prepare plans and specifications for the construction of the Merrydale Road Overcrossing. Mr. Bernardi also informed the Council that staff has held a number of meetings with the property owners who wish to form an assessment district to develop their property to meet their responsibility for funding the Merrydale Overcrossing. The assessment district boundary maps have been prepared and the petitions are now being circulated for signature by the property owners. Council agreed, without motion, to contact former Assemblyman William Bagley who is now serving on the Public Utilities Commission, to ask him to intercede on the City's behalf to ask CalTrans to consider an earlier date for performing the design services. This item will be reagendized when further developments have taken place. (Councilmember Frugoli left meeting) 23. FINAL ADOPTION - ORDINANCE NO. 1454 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM U UNCLASSIFIED DISTRICT TO P -D - File 10-5 CHARTER ORDINANCE NO. 1454 - An Ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from "U" (Unclas- sified) District to P -D (Planned Development) District (Northgate East Phase II), was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli & Miskimen (Councilmember Frugoli returned) 24. REPORT ON BID OPENING RE PICKLEWEED PARK COMMUNITY CENTER (Rec) - File 4-1-339 x 2-1-55 City Manager Beyer briefed the Council, stating that the project architect had estimated the base bid would be $900,700, which turned out to be $249,300 short of the actual low base bid. The low bid was submitted by Leonard Salomon of San Francisco. Councilmember Jensen recommended checking the specifications and seeing if substitutions could be made which would lower the cost. Council also reviewed a list prepared by staff, which included possible modifications. Mr. Beyer informed the Council that the two lowest bid contractors have indicated they would extend their bids to June 20th if necessary. With regard to possible additional revenue which the City might realize in order to alleviate the shortfall, Mr. Beyer informed the Council that the San Francisco Foundation has been contacted and they would consider appropriating an additional $150,000 if the City would consider adding another $100,000. (Councilmember Jensen left meeting) 296 Nancy Kaehl, Chairman of the Canal Community Alliance, urged the Council to appropriate the additional funds so the project can get under way. Viola Rush of the San Francisco Foundation verified the statement that the Foundation will award the $150,000 additional, if the City will come up with $100,000. Ms. Rush added that according to the wording of the grant, the Foundation has the right of approval for changes made to the building plans. Councilmember Breiner recommended that a member of the City's Energy Committee look over the plans. Council ayreed that staff, members of the Canal Community Alliance, the architect and representation from the Energy Committee attempt to cut the cost, and that the matter will again be considered at the June 20th meeting. 25. INDUSTRIAL DEVELOPMENT BONDS INDUCEMENT RESOLUTION FOR 1401 LOS GAMOS ROAD CM - File 8-22 ICE BUILDING City Manager Beyer informed the Council that they are being asked to adopt an inducement resolution for the construction of an office building at 1401 Los Gamos Road, to allow the developers to take advantage of Industrial Development Bond financing. The project has received all necessary City approvals. Mr. Beyer informed the Council that present limitations on the issuance of IDB's stand at $50 million. Since the financing for the Equitec project at the PG&E site at Second and Lindaro Streets is under consideration for a minimum of $30 million, there would be $9 million remaining for allocation to other potential projects. Dennis Hart, owner of the 1401 Los Gamos project, urged the Council to approve the IDB's, stating that this project has met all of the City's requirements. Councilmember Breiner expressed concern that this project might be approved before the Council knows just what is going to be the final decision on the PG&E property at Second and Lindaro, and stated that she would be reluctant to commit any funds at this time. Mr. Hart asked that, rather than rejecting his proposal at this time it be held in abeyance until the Equitec project on the PG&E site is decided. He suggested that perhaps his appli- cation could be date-stamped to give his project priority, once the other needs are known, which would give his project consideration over any similar projects which might come forward. Mayor Mulryan agreed that Council will consider the order in which this request was made. 26. REPORT RE PROPOSED PEACOCK GAP ASSESSMENT DISTRICT (PW) - File 6-37 Public Works Director Bernardi informed the Council that City staff has met with repre- sentatives of New York -Cal Corporation for the purpose of forming an assessment district to construct the publicly owned facilities required under the rezoning and tentative map approvals of their project. The developers have requested that the City permit the use of 1915 Act Bonds to raise the necessary capital to construct the use of these improvements. Staff concurs in the recommendation. Councilmember Frugoli moved and Councilmember Breiner seconded, to approve staff recommend- ation and allow the use of 1915 Act bonds in the Peacock Gap Assessment District. AYES: COUNCILMEMBERS: Breiner, Frugoli & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen & Miskimen 27. URGENCY ORDINANCE AMENDING VARIOUS SECTIONS OF THE SAN RAFAEL MUNICIPAL CODE RELATING TO POLITICAL AND OTHER NONCOMMERCIAL SIGNS ON PUBLIC AND PRIVATE PROPERTY CA - File 125 This item was continued to the meeting of June 20, 1983, since four votes are required for an Urgency Ordinance. 28. CONSIDERATION OF POLICY RE LEASE OF CITY PROPERTY (CM) - File 9-1-2 City Manager Beyer presented a suggested procedure to be followed prior to entering into a lease for any City -owned property: 1) Prior to commencing the lease procedure, the matter would appear on the Council agenda, as an agenda item; 2) Notice of City's intention to negotiate a lease for specific property would be published, including potential use of minimum lease price, with a time limit for submittal of bids which will be on specific bid forms; 3) Once a bidder has been determined, negotiations as to details of lease would commence with the highest acceptable bidder. The only exception to this procedure would be where a present lease has a provision for an option to renew and the lessee wishes to exercise the option. Staff further recommended that if this procedure is adopted, the Marina Turning Basin Lease be exempt from this policy since Council has directed the negotiations. Councilmember Breiner moved and Councilmember Frugoli seconded, to approve staff recommendations on the procedure to be followed. AYES: COUNCILMEMBERS: Breiner, Frugoli & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen & Miskimen 297 29. ALLOCATION OF FUNDS - FRANCISCO BOULEVARD EAST BEAUTIFICATION PROJECT (PW) - File 6-34 Public Works Director Bernardi requested that the Council approve an additional allocation of funds for the Francisco Boulevard East Beautification Project in the amount of $24,000. He stated that the total estimated cost of the project was $613,780. Additional costs incurred increased the total actual cost of the completed project to $698,252. Based on the total project cost and available revenue of $674,871, the City is faced with a project deficit of $23,381. Councilmember Frugoli moved and Councilmember Breiner seconded, to approve staff recommend- ation and appropriate $24,000 to offset the project deficit, from the 1982/83 Revenue Sharing Fund. AYES: COUNCILMEMBERS: Breiner, Frugoli & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen & Miskimen 30. RESOLUTION AUTHORIZING EXECUTION OF AMBULANCE SERVICE CONTRACT (FD) - File 4-3-105 Council reviewed a proposed ambulance service contract with United Ambulance Service, recommended by Fire Chief Marcucci, covering Basic Life Support (BLS) ambulance service. Councilmember Breiner moved and Councilmember Frugoli seconded, that the matter be referred to the Fire Commission for comment and recommendation, and come back to the Council on June 20th. AYES: COUNCILMEMBERS: Breiner, Frugoli & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen & Miskimen 31. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 After reviewing a report by Assistant City Manager Nicolai, Councilmember Frugoli moved and Councilmember Breiner seconded, to support AB 1397 (Floyd) - Water; Charges for Fire Protection Services. AYES: COUNCILMEMBERS: Breiner, Frugoli & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen & Miskimen Council noted that they have already opposed SB 778 (Dills), Compulsory and Binding Arbit- ration. Councilmember Breiner moved and Councilmember Frugoli seconded, to opose SB 637 (McCorquodale) - Local Government Collective Bargaining; Unfair Labor Practice; Public Employee Strikes. AYES: COUNCILMEMBERS: Breiner, Frugoli & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen & Miskimen Council also agreed to support HR 2780 regarding General Revenue Sharing. 32. REMOVAL OF HIRING FREEZE (CM) - File 7-4 City Manager Beyer informed the Council that the hiring freeze which has been in effect since January has served its purpose, and he recommended that Council authorize lifting of the freeze for certain positions which he listed, except for the ones under consideration for elimination or change in the 1983/84 proposed budget. Councilmember Frugoli recommended, and the Council agreed, that this matter should be decided at the budget hearings which will soon be held. The Council adjourned to their next regular meeting on June 20, 1983. J&ANRE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1983 Vv - MAYOR OF THE CITY OF SAN &AE *** *** *** *** *** *** *** *** I Held at Dominic's Harbor Restaurant in the City of San Rafael, Wednesday, June 8, 1983, at 6:30 PM. Special Joint Dinner Meeting: San Rafael City Council/San Rafael Planning Commission Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember John A. Miskimen, Councilmember Absent: Fred E. Jensen, Councilmember Present: Michael J. Smith, Chairman Albert J. Boro, Commissioner Robert E. Hoffmann, Commissioner Richard M. Norman, Commissioner John A. Starkweather, Commissioner Maynard H. Willms, Commissioner Absent: John Galbraith, Commissioner Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney; Anne Moore, Planning Director File 9-2-6 x 9-1-2 Mayor Mulryan welcomed all those present to the annual meeting and thanked the Planning Commis- sioners for the time and effort they have given to the City. After introductions were made, Council/Planning Commission discussed the working relationships between the two groups. Discussion was held concerning the action of the Planning Commission in voting one way on a project and then having the Council overturn its decision because of information received by the Council that had not been given to the Planning Commission. Council agreed that in the future, if addi- tional information is introduced at Council level without having been heard by the Planning Commis- sion, that the matter be referred back to the Planning Commission for review. Commissioner Norman requested more guidance from the Council and more policy direction. The Development Review Committee process was discussed and it was agreed by Council that with projects of the magnitude of the PG&E project at Second and Lindaro Streets that the staff and the Planning Commission be involved with the Council on a workshop basis. The Equitec project for the Second and Lindaro Street property was discussed. Mayor Mulryan indicated that he felt there was not enough housing included in the project. Planning Commission Chairman Smith asked for a general policy statement as to what the Council felt the mix of the project should be - what percent housing and what percent retail. Development of the West Francisco Boulevard area was then discussed and the fact that a plan for that area has never been adopted. It was also mentioned that a neighborhood plan is needed for the East Francisco Boulevard area and that an Assessment District should be formed. City Manager Beyer stated that staff is in the process of finalizing the plan for the West Francisco Boulevard area; however, in connection with an Assessment District for the East Francisco Boulevard area there is difficulty with the economic base in terms of development. Commissioner Willms complimented Planning Director Moore and staff and thanked them on behalf of himself and Commissioner Hoffmann for their assistance to the new Commissioners. The meeting adjourned at 9:30 PM. ANE CI N1, City C I er APPROVED THIS PS Lt=4- DAY OF 1983 LAWRENCE E. MULRYAN, Mayor *** *** *** *** *** *** *** *** 299 In Conference Room 201 at the San Rafael City Hall, Monday, June 20, 1983, at 7:00 PM. Special Joint Present: Lawrence E. Mulryan, Mayor/Agency Meeting: Chairman Dorothy L. Breiner, Councilmember/ Agency Member Gary R. Frugoli, Councilmember/ Agency Member Fred E. Jensen, Councilmember/ Agency Member John A. Miskimen, Councilmember/ Agency Member Also Present: Robert F. Beyer, City Manager/Executive Director; Jeanne M. Leoncini, City Clerk/Agency Secretary REDEVELOPMENT AGENCY INTERVIEWS OF FOUR REDEVELOPMENT CITIZENS' ADVISORY COMMITTEE MEMBERS, RE REAPPOINTMENT AS - File R-140 CAC The Agency considered the reappointment of the following Redevelopment CAC members, whose terms expire the end of June 1983, all of whom have indicated a desire to continue to serve on the CAC: Diane Janicula Bob Livingston Wm. F. McClure George W. Uri Mr. McClure was out of town on business; the balance of the CAC members were present. Member Jensen and Member Miskimen seconded, to approve the reappointment of CAC members Janicula, Livingston, McClure and Uri, to four year terms ending in June 1987. AYES: MEMBERS: Breiner, Frugoli, Jensen, Miskimen & Chairman Mulryan NOES: MEMBERS: None -- ABSENT: MEMBERS: None ICITY COUNCIL a. INTERVIEWS OF APPLICANTS FOR VACANCY ON CULTURAL AFFAIRS COMMISSION (CC) - File 9-2-24 Council interviewed Fred Dekker and Irma Kay, applicants for the vacancy on the Cultural Affairs Commission caused by the resignation of Daniel Mardesich, whose term expires in April 1987. Councilmember Jensen moved and Councilmember Breiner seconded, to appoint Fred Dekker to the vacancy on the Cultural Affairs Commission, with term expiring in April 1987. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Miskimen then moved, and Councilmember Breiner seconded to appoint Irma Kay as alternative, to be able to vote only in the event that there is not a quorum, and that by her vote Commission action would be possible. Councilmember Breiner added that this was not to be construed as precedent -setting. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. INTERVIEW OF PLANNING COMMISSIONER RICHARD M. NORMAN RE REAPPOINTMENT TO COMMISSION (CC) - File 9-2-6 Council interviewed Richard M. Norman, Planning Commissioner whose term expires the end of June, and who has indicated a desire to be reappointed. Councilmember Jensen moved and Councilmember Miskimen seconded, to reappoint Richard M. Norman to the Planning Commission, with term expiring in June 1987. 300 AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 1; The meeting adjourned to the regular Redevelopment Agency meeting, to follow immediat I VNNE M. LEONCINI, City Clerk/ Agency Secretar 0 10 APPROVED THIS SIZZ DAY OF 198 9., ........... .. �� LAWRENCE E. MULRYAN,Mayor/Agency C *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, June 20, 1983, at 7:45 PM. Special Joint Meetiny: Present: Lawrence E. Mulryan, Mayor/AgE Chai rrr Dorothy L. Breiner, Councilmen,. , Agency Member Gary R. Frugoli, Councilmember/ Agency Member Fred E. Jensen, Councilmember/ Agency Member John A. Miskimen, Councilmember/ Agency Member Also Present: Robert F. Beyer, City Manager/Executive Director; Jeanne M. Leoncini, City Clerk/Agency Secretary; Edmund A. Duggan, City Attorney/Agency Attorney 1. JOINT PUBLIC HEARING RE PG&E PROPERTY DISPOSITION AND DEVELOPMENT AGREEMENT FOR THE ACQUI- SITION OF 10+ ACRES FOR THE PURPOSE OF CONSTRUCTING A PG&E SERVICE CENTER ON ANDERSEN DRIVE ED - File R-232 x SRCC 4-4-4 REDEVELOPMENT AGENCY Resolution Determining Agency has Complied with Section 33433 of the California Health & Safety Code and Approving a Disposition and Development Agreement CITY COUNCIL Resolution Determining Agency has Complied with Section 33433 of the California Health & Safety Code and Approving__Dis� opment.Agoreement Mayor/Agency Chairman Mulryan opened the public hearing and announced that because of procedural reasons regarding noticing of the hearing, the hearing is continued to July 5, 1983. 2. DISCUSSIONS RE SAN RAFAEL TRANSPORTATION CENTER (CM) - File SRCC 112-2 x SRRA R-81 City Manager/Executive Director Beyer reported that on Thursday, June 9th, subcommittees of the City Council and the Bridge District Building and Operating Committee met to discuss a reduced scale Transportation Center concept located under Highway 101 between Third and Fourth Streets only. Council representatives were Mayor Mulryan and Councilmember Frugoli. Bridge District representatives were Committeemembers Molinari and Spotswood. The District's B&O Committee has indicated that sites south of Second Street are not acceptable, primarily because of higher operating costs. Staffs of both agencies have reviewed this proposal and agree that it satis- fies most of the goals of each agency and should be selected as the site to proceed to the Consultant's design phase. Mayor Mulryan indicated that a determination should be made at this meeting. Peter Dyson, Senior Planner for Golden Gate Transit, informed the Council/Agency that in this compromise the Bridge District would be working with a much smaller area and would have to rearrange the use of the buses. With the terminal under the freeway there would be reduced opportunities for additional revenue. He added that the Bridge District has agreed to con- sideration of this site in order to reach an agreement. 301 Don Dickenson, Chairman of the Redevelopment CAC, urged the Council/Agency to support the compromise plan as recommended by staff, which he feels will result in getting the buses off Fourth Street. Attorney Bryan McCarthy, representing Wm. P. Murray and Independent Bankers Trust, spoke against the proposed location for the bus depot under the Viaduct, feeling that the present bus stop in that location is a blight on San Rafael, and a permanent Transportation Center in that location would cause even more traffic problems. Mr. McCarthy also stated that the Murray family whom he represents own property at Fourth and Irwin Streets and he urged that their property not be taken by the Bridge District. He also spoke for Paula's Florist, who is the tenant on the Murray property. Attorney Fred Peterson, representing the Beckstrom and Milani families, stated he is concerned that the Agency/Council makes it clear to the Bridge District that further encroachment would be looked on with disfavor, if they wished to expand the Terminal in the future. Vern Miller, Deputy General Manager of the Transit District, stated that the Marin County Transit Commission opposed both the Shamrock and Rice Drive sites, and they look on transit as more of a burden on the City than an actual advantage regarding trade. Paula Tuttle of Paula's Florist, urged that the Agency/Council not permit the taking of her florist shop in planning the Transportation Center. Agency/Council then discussed the matter, Councilmember Frugoli indicating a preference for the Shamrock site, Councilmember Miskimen stating he would consider anywhere but the Fourth and Hetherton area, and Councilmember Jensen agreeing with Councilmember Miskimen. Councilmember Breiner moved to continue discussions with the Bridge Board, and go on record as supporting "Figure 3" in the staff report, which is a concept for the site under the freeway between Third and Fourth Streets, which does not include condemnation of the Murray property, and does not take the French Quarter parking. The motion died for lack of a second. Mayor Mulryan stated that there are not enough votes on the Council/Agency this evening to approve putting the Terminal on the site being discussed, and he feels the Bridge District should be asked to not make a decision at the next meeting but to let them know the City does want to have a solution which is sensible and that this proposal is not one that will work for us. Mayor Mulryan then recommended that a motion be considered to ask the Bridge District to continue the discussion with the same or a substitute subcommittee of the Council, to see what other solutions can be pursued. Councilmember Breiner moved to ask the Bridge District to continue the discussions with a Council subcommittee to see what other solutions can be pursued. Mayor Mulryan seconded the motion. Councilmember Frugoli stated he feels the Bridge District should be told that the City wants the Shamrock site to be our location and if they are adamant the City could paint the curb red and force the Bridge District to find another site. Mayor Mulryan replied that would not be fair to the people who ride the buses. He added that the door should be open to other sites, and make it as broad a discussion as possible with the Bridge District. AYES: COUNCIL/AGENCY MEMBERS: Breiner & Mayor Mulryan NOES: COUNCIL/AGENCY MEMBERS: Frugoli, Jensen & Miskimen ABSENT: COUNCIL/AGENCY MEMBERS: None Councilmember Miskimen then moved, and Councilmember Jensen seconded, that the Council direct its committee, which can remain the same as prior (Mayor Mulryan and Councilmember Frugoli) to go back to the Bridge District and explain the City's opposition to the general area of Fourth and Netherton, and attempt to work with them on developing a new site or a combination of sites. AYES: COUNCIL/AGENCY MEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCIL/AGENCY MEMBERS: None ABSENT: COUNCIL/AGENCY MEMBERS: None The Special Joint Ayency/Council meeting adjourned to the regular Council meeting, to follow immediately. 0,FzANRE M. LEONCINI, City Clerk/ Agency Secretary APPROVED THIS 6 -Zoe— DAY OF 1983 V 04— LAWRENCE E. MULRYAN, May r/Agen y Chairman ** *** *** *** *** *** *** *** 302 In the Council Chambers of the City of San Rafael, Monday, June 20, 1983 Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmem Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmembe Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Jensen moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Special Joint Meeting of May 31, 1983 (CC) 2. Change in Meeting Date Due to Fourth of July Holiday (CC) - File 9-1 4. Report on Andersen Drive Extension Project (PW) - File 4-1-333 5. Approval of Final Map - Villa Marin (PW) - File 5-1-285 6. Report on Federal Revenue Sharing Public Hearing (Fin) - File 8-9 7. Resolution Establishing 1983/84 Proposition 4 Limitation (Fin) - File 8-5 8. Amendment to 1982/83 Budget (Fin) - File 8-5 9. Adoption of Materials Selection Policy for Library (Lib) - File 9-3-61 10. Resolution of Appreciation for Trudi Couyhlin (Lib) - File 102 11. Request for Authorization to Call for Bids for Replacement of Roof at Fire Station No. 1 (GS) - File 4-1-334 12. Claims for Damages: a. MSI Insurance Co. (PW) - File 3-1-753 b. Joann Holster (PW) - File 3-1-756 c. Edward J. Ruhs (PD) - File 3-1-767 d. Beatrice Hough (PW) - File 3-1-772 13. Resolution Upholding Appeal - Sirard Lane (P1) - File 10-6 Recommended Action Approved as submitted. Approved change in meeting date to Tuesday, July 5, 1983, due to Holiday. Accepted report indicating staff is still working with representatives of Sanitary District 1, re main conflict of what a "rural road" comprises. Staff will report back to Council on developments. RESOLUTION NO. 6559 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED "VILLA MARIN RETIREMENT RESIDENCES, A CONDOMINIUM PROJECT" Accepted report and set Tuesday, June 28, 1983 for public hearing. RESOLUTION NO. 6560 - ESTABLISHING APPROPRIATIONS LIMIT FOR 1983/84 (@ $13,852,330) RESOLUTION NO. 6561 - APPROPRIATING UNAPPROPRIATED REVENUES AS OF JUNE 30, 1983 Approved materials selection policy as recommended by staff. RESOLUTION NO. 6562 - RESOLUTION OF APPRECIATION TO TRUDI COUGHLIN (Librarian, retired after 19 years) Authorized staff to develop specifi- cations for roof replacement, archi- tect's estimate $37,000 - $45,000. Approved R. L. Kautz & Co. recommend- ations for denial of claims. RESOLUTION NO. 6563 - SUSTAINING APPEAL OF PLANNING COMMISSION DECISION REGARDING A CERTIFICATE OF COMPLIANCE FOR AP 10-011-35, A 2.31 ACRE PROPERTY AT THE END OF SIRARD LANE 15. Request for Authorization for City to Authorized City's participation in Participate as a Friend of the Court in Amicus Curiae brief to be prepared in Litigation Entitled J. W. Jones Company subject case. and Housing Partners, Ltd. vs City of San Diego (CA) - File 9-3-16 16. Report re Consolidation of Nomination Periods for General Municipal Election and School District Election, November 8, 1983 (CC) - File 9-4 303 Approved same nomination period for City election as for School District, July 18 - August 12, 1983. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Frugoli, only with regard to Item No. 5. 3. AWARD OF BID - AUTOMATED FUEL DISPENSING SYSTEM (GS) - File 4-2-181 Mayor Mulryan noted that the low bid for the Automated Fuel Dispensing System at $19,925, was $4,925 over the amount budgeted. He inquired about rebidding the item, and Assistant to the City Manager (General Services) Barbier informed the Council that staff felt that if they rebid they would not get a good price. RESOLUTION NO. 6564 - AUTHORIZING THE PURCHASE OF ONE AUTOMATED MOTOR FUEL DISPENSING SYSTEM, UTILIZING BUDGETED FUNDS AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Council agreed that the additional funds needed to purchase this system would come from the FY 1983/84 fuel account. 14. REPORT ON CONSTRUCTION OF INTERIM AUXILIARY LANE BETWEEN SECOND STREET AND HIGHWAY 17 (PW) - File 9-3-40 Councilmember Breiner inquired about the glare screens which are proposed for the top of the barrier which is to replace the chain link fence bordering Francisco Boulevard in the area in question. Mrs. Breiner stated that since she has followed the proposed project very closely, she is particularly concerned about the type of glare screens being planned. Public Works Director Bernardi explained that they will be expanded aluminum lathe, and will be archi- tecturally compatible with the barrier. After further discussion Councilmember Breiner moved and Councilmember Frugoli seconded, to approve staff recommendation and endorse this interim project, and direct staff to request that CalTrans attempt to complete the necessary plans and specifications in order to permit con- struction in the 1984 construction season and, further, that staff be directed to discuss with CalTrans the aesthetic considerations of a glare screen on top of the proposed barrier. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. PUBLIC HEARING - Z82-18 - "CENTERTOWN"; 1301 THIRD ST. AT "C" ST.; U.F. SERVICE CORP., OWNER; PHILIP ABEND & LAUREN D. WILSON, REPS.; AP 11-254-02 THRU 06; T95 UNIT RESIDENTIAL CONDOMINIUM COMPLEX FOR THE ELDERLY), FROM: C-2 GENERAL COMMERCIAL DISTRICT, TO: P -D PLANNED DEVELOPMENT DISTRICT P1 --File 10-3 Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed the Council, indicating that since the Council had reviewed the proposed project on April 4, 1983, the below market rate condition was revised to require provision of ten below market rate units rather than five, and the Planning Commission con- ditionally approved the tentative subdivision, design review and use permit applications on May 10, 1983, and recommended approval of the rezoning to the City Council. Councilmember Breiner inquired about a requirement for owner occupancy and Ms. Moore indicated that is not a requirement, but that the developer has indicated that they will be marketed that way. Councilmember Breiner indicated she would like assurance that the below market rate units would remain below market rate on resale, and would like to see controls to assure that would happen in the future, because the low price would make the units attractive to investors and speculators unless the resale price is controlled. Ms. Moore explained that the prices of the units as they would be offered on the market would be very similar to the formula below market rate moderate income affordable prices, as required in the one condition of approval. They would be very similar, but the difference between the Housing Authority being involved and administering a lottery would be that those units would have resale controls over time. If there was not Housing Authority involvement, and a lottery, there would be no such resale control. While the units would be affordable at the time of initial sale, the City would have no control over their affordability in the future. 304 Councilmember Miskimen stated that he can understand a person wanting to realize something from his investment, especially for first-time buyers. Councilmember Frugoli agreed. Philip Abend, representing the owner of the property, stated that there is an inclusion for below market rate units, and that they feel that practically all of the units will be sold to owner occupants, or to sons and daughters who will buy the units for their parent or parents. Mr. Abend stated that the units will be financed at attractive rates, but the loans that the bank takes have to be so structured that the loans can ultimately be sold through the agencies called "Fanny May" and'"Freddy Mac" - Federal National Mortgage Association, and Federal Home Loan Mortgage Corporation. The requirement of both of these agencies is that 80% of the units of any project which is financed by them be owner occupied. So, at the worst, 20% of this project would be financed to non -owner occupants. The developers will make every attempt to fill the units with owner occupants. Councilmember Breiner mentioned that, after the initial sale, under this plan, there is no control. Mr. Abend agreed, and stated that this is the American way; and to attempt to restrict the buyers of the property who become sellers from selling the property with restrictive clauses in the covenants and in the by-laws, would not enhance the sale of the property. Councilmember Breiner indicated her concern is that there should continue to be ten below market rate units on the site, even ten years from now, and suggested that Condition (e) be added ultimately under the Conditions of Approval, to read something to the effect that "In- cluded in this would be a method to guarantee that below market rate units will be maintained for the life of the building". Mr. Abend stated that if the Housing Authority is brought into the project, he would sell 85 units, and the remainder would be under the Housing Authority. Mrs. Breiner indicated that she felt there could be something in the deed or legal documents being set up for those ten units which could have the resale restriction in it, and that would exclude the Housing Authority. Mr. Abend stated that in that case the units would have to be policed by the City. Mrs. Breiner stated that in her opinion those units could be under the Housing Authority. Mrs. Moore pointed out Condition (c) in the staff report, which indicates that "modifications to the below market rate program may be proposed by the County Housing Authority if at the time the units are to be sold the marketplace is meeting the need of the defined moderate income buyer". Mrs. Breiner stated she would feel much more secure if the foregoing sentence was eliminated from Condition (c). There being no further public input, the hearing was closed. Councilmember Miskimen stated that, although you may successfully find ten people they may not wish to buy them on the basis that an investment decision is being made for them. If they are not going to get a substantial discount and will have these restrictions, the purchasers would be far better off buying the units directly. After further discussion Councilmember Jensen moved and Councilmember Frugoli seconded, to certify the Negative Declaration. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner moved to pass the Ordinance to print with one amendment, and that would be adding Condition (e) to the Conditions of Approval, which would be worded appropriately by the legal staff, to cover a method which would guarantee that the below market rate units will be maintained as such for the life of the building, but that the initial purchase need not be conducted through the Housing Authority. The motion died for lack of a second. An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from C-2 (General Commercial) District to P -D (Planned Development) District - 1301 Third Street "Centertown", and numbering Charter Ordinance No. 1458, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None Councilmember Miskimen commended the developers on a very unique project, and asked when the project will get underway. Mr. Abend replied that they hope to start the end of August, and added that the project should take 7 or 8 months. Councilmember Breiner added that the only reason she voted against the Ordinance going to print is because it does not have the sequence in it so we will continue to have the below market rate units in the future. Mrs. Breiner stated that otherwise the project is terrific. 305 18. PUBLIC HEARING - Z83-5 - REZONING FROM P -D TO P -D TO REVISE MASTER PLAN FOR THREE CANAL ORIENTED DUPLEXES 6 UNITS); 310-330 PT. SAN PEDRO ROAD; MARIN YACHT CLUB, OWNER; LUNDY- NIELSEN, REPS.; AP 9-031-14 (Pl) - File 10-3 Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed the Council, stating that the zoning being proposed would be compatible with the zoning and uses of the surrounding properties, and that the P -D zoning permits the City to establish development standards unique to the site and situation. Although the original project proposal included a five -foot -wide public access path to City -owned land south of the project area, adjacent to the San Rafael Canal, the Planning Commission found that there is adequate access to public lands within reasonable distance of the project. Michael Broughton, the developer, informed the Council that all conditions have been complied with. Bob Perry, representing the Porto Bello Homeowners' Association, stated he lives directly west of the proposed project, asked that the units be moved farther away from the property line since these are two-story units which will be built very close to one-story units already existing. He also feels that the public access five-foot access strip which was deleted by the Planning Commission should be reinstated. Ms. Moore indicated that the roof design on the proposed units will be stepped back and tapered in consideration of the views and the proximity to existing nearby units. There being no further public input the hearing was closed. Councilmember Jensen moved and Councilmember Frugoli seconded, to certify the Negative Declaration. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Miskimen questioned the six-foot fence separating the new development from the present units, as being a possible problem with views from the one-story buildings, and also questioned the density, proposing that the two-story units be moved back toward the parking area. An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from P -D (Planned Development) District to P -D (Planned Development) District - 310-330 Pt. San Pedro Road, and numbering Charter Ordinance No. 1459, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner & Miskimen ABSENT: COUNCILMEMBERS: None Councilmember Breiner stated that she feels it is not appropriate to have two-story buildings in that location, resulting in a density problem. Councilmember Miskimen added that he is having problems with the density also, and feels that the proposed treatment of the units does not make allowances for the existing neighbors in Porto Bello. 19. PUBLIC HEARING - Z83-6 - ZONE CHANGE FROM P -D TO P -D FOR REVISED "MEADOW OAKS" COMPLEX OF Mayor Mulryan declared the public hearing opened. Planning Director Moore informed the Council that the revised master plan for the Meadow Oaks tentative subdivision at 54 San Pablo Avenue eliminates seven controversial single-family lots on the visually sensitive Civic Center Knoll and concentrates all development in the lower southwest portion of the site. The 140 -unit application is an increase over the previously approved 117 units; however, because of the new units' smaller sizes, peak period trip gener- ation is projected to be less than for the previous plan and less than that allocated to the site under the Northgate Activity Center Plan. Also, ten percent of the units will be below market rate, and will be undistinguishable from the market rate units. The building design and layout have been distinctly improved. Ron Simpkins, representing the developers, urged Council's approval, stating that he feels all conditions have been complied with. There being no further public input, the hearing was closed. Councilmember Frugoli moved and Councilmember Jensen seconded, to find that project impacts are adequately addressed under the Quail Ridge Environmental Impact Report, the Northgate Activity Center Plan Environmental Impact Report, and the project's Initial Study. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 306 An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from P -D (Planned Development) Distri to P -D (Planned Development) District - 54 San Pablo Avenue "Meadow Oaks", and numbering Charter Ordinance No. 1460, was read, introduced and ordered passed to print by the followi vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. REPORT ON BID OPENING AND AWARD OF CONTRACT - RESURFACING OF CITY STREETS (1983) (PW) - File 4-1-342 RESOLUTION NO. 6565 - AWARD OF CONTRACT - STREET RESURFACING - 1983, PROJECT NO. 06-0698306000 (Ghilotti Bros., Inc., Low Bidder, @ $487,068) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. REPORT ON BID OPENING AND AWARD OF CONTRACT - SOUTHERN HEIGHTS BOULEVARD BRIDGE REPAIR PROJECT W - File4-1-345 Public Works Director Bernardi briefed the Council, stating that $40,000 has been budgeted for this project, and approximately $6,000 has been expended for consulting engineering, and recommending that an additional $5,000 be allocated from unexpended Gas Tax funds, to meet the low bid amount of $35,167.84 from Forster Pump & Engineering and Mr. Build Delaland, Inc., low bidders. Staff further recommends that the bid of Bjork & Powers be rejected as being inadequate. Councilmember Jensen moved and Councilmember Frugoli seconded, to reject the bid of Bjork & Powers, and adopt a Resolution awarding the bid to low bidders Forster Pump & Engineering and Mr. Build Delaland, Inc., at $35,167.84. RESOLUTION NO. 6566 - AWARD OF CONTRACT - SOUTHERN HEIGHTS BOULEVARD BRIDGE REPAIR PROJECT (To Forster Pump & Engineering, Inc., and Mr. Build Delaland, Inc., low bidders @ $35,167.84) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 22. DISCUSSION RE CONTINUATION OF MOBILE HOME PARK ADVISORY COMMITTEE (CM) - File 9-2-29 Assistant City Manager Nicolai briefed the Council, indicating that the Mobile Home Park Advisory Committee has not met in the past fifteen months. The Committee is required to meet annually or when petitioned by 25% of the residents of the mobile home park, or when directed to meet by the City Council. If the Committee is to continue, several new members need to be appointed. Ms. Nicolai informed the Council that Contempo Marin has a new manager, and there have not been the kind of complaints there had been previously. A management representative, and a tenant representative would have to be appointed if the Committee is to function, as well as an "at large" member appointed by the Council. Ms. Nicolai indicated that she is not sure whether the management and tenant representatives of the B -Bar -A Trailer Court are still available. After discussion, Council agreed to take no action at this time regarding appointment of new members to the Committee, but to wait until such time as action may be required of the Committee. 23. URGENCY ORDINANCE AMENDING VARIOUS SECTIONS OF THE SAN RAFAEL MUNICIPAL CODE RELATING TO POLITICAL AND OTHER NONCOMMERCIAL SIGNS ON PUBLIC LAND AND PRIVATE PROPERTY CA - File 125 x 9-4 Assistant City Attorney Andrew informed the Council that the San Rafael Municipal Code pro- hibits the posting of political signs, or any other signs, on public property. This kind of prohibition was recently held unconstitutional by the United States Court of Appeals for the Ninth Circuit, and the United States Supreme Court has accepted this case from the Ninth Circuit for its own review. Within the next year the United States Supreme Court will decide whether or not this sort of prohibition as it relates to political speech violates the free speech guarantee of the First Amendment of the United States Constitution. Mr. Andrew added that, in the interim, if a political candidate were to challenge the City's ordinance in court he or she could enjoin its enforcement until the Supreme Court renders its decision on the question. 307 For these reasons, and in the event our ordinance prohibiting the placement of political signs on public property was challenged in court and its enforcement enjoined, the City would be without any regulatory standard, Mr. Andrew advised that it would be appropriate to adopt an Ordinance which regulates, rather than prohibits, the placement of political signs on public property. In addition, the City's sign regulations were recently compared to, and considered similar to, the City of San Diego's sign regulations which were held unconstitutional by the United States Supreme Court. Councilmember Breiner moved, and Councilmember Miskimen seconded, to adopt the Urgency Ordinance, Amending Chapter 8.12, "Miscellaneous Public Offenses", by Amending Section 8.12.080 Regulating Political signs on Public Property and Repealing Section 8.12.090 Regulating Political Signs on Private Property; and Amending Chapter 14.12, "Sign Ordinance", by Amending Various Sections, All Regarding the City's Regulation of Noncommercial Signs on Private Prop- erty; and Amending Chapter 16.04, "Uniform Sign Code", by Repealing Section 16.04.020, "Amend- ments to the Uniform Building Code, Volume V, Signs, Section S-303, 9." Regarding Political Advertising. AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli & Jensen ABSENT: COUNCILMEMBERS: None The motion failed, since an Urgency Ordinance requires four votes for adoption. Councilmember Miskimen moved and Councilmember Breiner seconded, that the proposed Ordinance be referred to the Planning Commission, to go through the normal process. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None In accordance with the recommendation of Assistant City Attorney Andrew, Councilmember Breiner moved and Councilmember Frugoli seconded, to adopt by minute order the policy that the City will not enforce its sign regulations against any noncommercial advertiser until the proposed Ordinance has otherwise been processed and is effective. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 24. SECOND READING AND ADOPTION OF ORDINANCE NO. 1455, AMENDING SECTIONS 14.O8.O5OD, 14.O8.O7OF, 14.O8.2O0S, 14.16.025, 14.48.O4Ob, 14.5O.O4Oa, 14.51.0208 OF THE SAN RAFAEL MUNICIPAL CODE TITLE 14 CONCERNING SECOND DWELLING UNITS AND VARIOUS TEXT AMENDMENTS TO THE ZONING ORDINANCE Pl --File 10-13 x 115 The title of the Ordinance was read: "AN ORDINANCE AMENDING SECTIONS 14.O8.O5OD, 14.O8.O7OF, 14.O8.2O0S, 14.16.025, 14.48.O4Ob, 14.15.O4Oa, 14.51.O2OB OF THE SAN RAFAEL MUNICIPAL CODE TITLE 14 CONCERNING SECOND DWELLING UNITS AND VARIOUS TEXT AMENDMENTS TO THE ZONING ORDINANCE" Councilmember Jensen moved and Councilmember Miskimen seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1455. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 25. SECOND READING AND ADOPTION OF ORDINANCE NO. 1456, ADDING SECTION 14.67 TO THE SAN RAFAEL MUNICIPAL CODE NG: NORTHGATE ACTIVITY CENTER OVERLAY DISTRICT P1 - File 10-3 x 10-2 (VI) The title of the Ordinance was read: "AN ORDINANCE ADDING SECTION 14.67 TO THE SAN RAFAEL MUNICIPAL CODE" Councilmember Jensen moved and Councilmember Frugoli seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1456. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 726. SECOND READING AND ADOPTION OF ORDINANCE NO. 1457, AMENDING THE ZONING MAP OF THE CITY SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL COD SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY IN THE NORTHGATE ACT CENTER OVERLAY DISTRICT P1 - File 10-3 x 10-2 VI The title of the Ordinance was read: "AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED B ENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RE CERTAIN REAL PROPERTY IN THE NORTHGATE ACTIVITY CENTER OVERLAY DISTRICT" Councilmember Frugoli moved and Councilmember Breiner seconded, to dispense with the r to refer to it by title only, and adopt Ordinance No. 1457. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 27. RESOLUTION AUTHORIZING EXECUTION OF AMBULANCE SERVICE CONTRACT (FD) - File 4-3-105 Fire Chief Marcucci recommended entering into an agreement with United Ambulance Compa Basic Life Support (BLS) ambulance service within Paramedic Zone B, with a six-month r clause. Meanwhile, the service will be monitored to assure that the company abides by agreement. RESOLUTION NO. 6567 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/United Ambulance Company to Provide Basic Life Support Service to Paramedic Area B, with review six months from June 20, 1983) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 28. DISCUSSION RE BID OPENING FOR PICKLEWEED PARK COMMUNITY CENTER (PW) - File 4-1-339 x 2-1-55 Public Works Director Bernardi reviewed for the Council the report prepared by Architect Morris N. Finisy, which included possible cost reductions for the Pickleweed Park Community Center, to hopefully reduce the cost to a more manageable figure. Architect Jim Ring then addressed the Council, expressing the opinion that no one item in the plans is excessive, but there are many items which could be changed to reduce the cost. He indicated he had made a list of 326 items for consideration, and also noted that there are no automatic sprinklers included in the plans. Mr. Ring stated he feels the Council should award the bid to the lowest bidder, Leonard Salomon, because he feels the bid form was properly completed, although the question had previously been raised about the propriety of the form. Mr. Ring cited the fact that further delays would result in accelerated costs, one of which would be labor, which is presently near negotiation. Mr. Ring further mentioned that the assumption was that certain conduits were in the ground for this building, from the telephone and utility poles, having been placed there when the restrooms were built. It now develops that the conduits are not in the ground. Mr. Ring went to the PG&E and checked the records, and verified that fact. That will be an added cost. Mr. Ring indicated that, after the contract is awarded, change orders could take care of any modifi- cations decided upon. Mayor Mulryan asked City Manager Beyer if the City can accept the low bid and make changes later, and Mr. Beyer indicated that if staff evaluates the suggested changes, changes which do not significantly alter the project can be made later. Councilmember Jensen recommended Mr. Ring be retained to assist in evaluating the recommended changes. Mr. Beyer stated that the contract with Architect Milton Chambers can be completed, and Mr. Ring can be hired to assist in evaluating the recommended changes. Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommendation of City Manager Beyer, and hire James Ring to assist in evaluating the changes to the plans. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6568 - APPROVING THE APPROPRIATION OF $100,000 TO ASSIST IN THE CONSTRUCTION OF PICKLEWEED PARK COMMUNITY CENTER AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6569 - RESOLUTION OF AWARD OF CONTRACT - PICKLEWEED PARK COMMUNITY CENTER PROJECT (To Leonard Salomon, low bidder @ $1,049,200) 309 AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 29. PRESENTATION OF PETITION BY CANAL COMMUNITY ALLIANCE RE SUPPORT FOR NEIGHBORHOOD PLAN - File 218 Jack McDonough presented a petition to the Council, which he stated contained a total of 2,167 signatures, testifying to the need for a neighborhood plan for the Canal Area. The group asking for consideration of a plan calls itself "Neighborhood 30". Several other residents of the area asked Council support for a neighborhood plan for the Canal area. Mayor Mulryan stated that the Council generally agrees that the Canal area needs an imaginative plan, and thanked the citizens for their efforts thus far. 30. REPAYMENT OF TELEPHONE LOAN (Fin) - File 4-3-88 Finance Director Coleman informed the Council that since they authorized the purchase of the new telephone system, and a loan from the Bank of Marin for $175,000 at 12 1/2%, it has developed that we are currently earning 9 to 9 1/2% on our investments, and Bank of Marin indicated they would only refinance at 10 1/2%. Consequently, staff is recommending adoption of a Resolution authorizing the Finance Director to pay off the balance of the telephone loan from General Fund reserves and the unspent Loan Proceeds. RESOLUTION NO. 6570 - AUTHORIZING REPAYMENT OF THE TELEPHONE LOAN FROM BANK OF MARIN AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 31. RESOLUTION AUTHORIZING EXECUTION OF OFFICE OF TRAFFIC SAFETY GRANT - THREE PERSON COLLISION REDUCTION TEAM PD - File 4-10-175 Police Chief Ingwersen requested approval for submission of a request for a Grant from the Office of Traffic Safety, to provide a three-person Collision Reduction Team whose emphasis will be to reduce both total and injury collision rates. This will be accomplished through expanding the Police Department's hours of specialized enforcement in identified high accident areas. (Councilmember Jensen left meeting) The Grant will provide $156,932 the first year (full funding), and $74,414 the second year (50% funding). The City will provide for the administration and supervision of Grant Personnel and the equipment necessary for their operation: Three fully -equipped motorcycles (approximately $20,000). Second year funding, by the City, will amount to 50% of salaries of Grant personnel, approximately $75,000. RESOLUTION NO. 6571 - AUTHORIZING THE SIGNING OF A GRANT (W/California Office of Traffic Safety - re Collision Reduction Team) AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 32. PRESENTATION OF 1983/84 PROPOSED BUDGET FOR CITY OF SAN RAFAEL (Fin) - File 8-5 (Councilmember Jensen returned) Council accepted the 1983/84 proposed budget, and set 7:00 PM on Tuesday, June 28, 1983 in the Webb Room at the Library for the first budget hearing, and Wednesday, June 29, 1983 in the Council Chambers for the second meeting, commencing at 7:30 PM. 33. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Councilmember Breiner moved and Councilmember Frugoli seconded, to oppose AB 469, Licensing of Recreation Programs Run by Cities. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 310 The City Council adjourned to closed session to discuss pending litigation and labor nego- tiations, and then reconvened in public to authorize a negotiated settlement regarding the Edward Terry claim, File 3-1-730. A NE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1983 LAWRENCE E. MULRYAN, �Mayr3' *** *** *** *** *** *** *** *** In the Webb Room of the San Rafael Public Library, Tuesday, June 28, 1983, at 7:00 PM. Special Joint Present: Lawrence E. Mulryan, Mayor/Agency Meeting: Chairman Dorothy L. Breiner, Councilmember/ Agency Member Gary R. Frugoli, Councilmember/ Agency Member Fred E. Jensen, Councilmember/ Agency Member John A. Miskimen, Councilmember/ Agency Member Also Present: Robert F. Beyer, City Manager/Executive Director; Jeanne M. Leoncini, City Clerk/Agency Secretary Edmund A. Duggan, City Attorney/Agency Attorney RE: DISCUSSION RE SAN RAFAEL TRANSPORTATION CENTER - File R-81 x SRCC 112-2 Verbal Mayor/Chairman Mulryan announced that the reason for this meeting is that the vote the Council/ Agency took at the last meeting to reject the "under the Freeway" site has resulted in a situation where unless a vote is taken at this meeting the funding will no longer be available from the Metropolitan Transportation Commission (MTC). Council/Agency members and staff have been meeting with Bridge District representatives in an effort to resolve the matter. Jerome Kuykendall of the Bridge District informed the Council/Agency that he hoped a compro- mise could be reached, and stated that the District favors the Carwash site, bounded by Second, Third and Netherton streets, and not the Shamrock site. It would result in a much smaller facility, but would be centrally located and would not interrupt the traffic flow in the area. He mentioned that the Greyhound property is part of the proposed site, and he is certain there would be no problem there. As far as the Second and Lincoln site which the City is proposing as an alternative, the Bridge District still favors the "Carwash site". Traffic Engineer Gerth was asked for his opinion of the traffic implications of the sites under consideration, and he stated that from a traffic standpoint in comparing the Carwash site to the combination of Shell Station/Corporation Yard at Second and Lincoln, he would prefer the Carwash site because of traffic circulation. At Second and Lincoln there would be difficult intersections to go through, especially for pedestrians. Councilmember/Agency Member Jensen and Councilmember/Agency Member Frugoli both expressed dissatisfaction with the Bridge District's choice, and felt there should have been more compromise in the negotiations. Councilmember/Agency Member Miskimen summarized the situation, and recommended that the Bridge District be informed that the first choice of the City is the Shell Station/Corporation Yard site at Second Street and Lincoln Avenue, but that the Carwash site would be accepted as a second choice, to be worked out. After discussion, Councilmember/Agency Member Miskimen moved and Councilmember/Agency Member Breiner seconded, to inform the Bridge District that while the Shell Station/Corporation Yard site is the No. 1 choice, the City would accept and work with the District on the Carwash site. AYES: COUNCILMEMBERS/AGENCY MEMBERS: Breiner, Miskimen & Mayor/Chairman Mulryan NOES: COUNCILMEMBERS/AGENCY MEMBERS: Frugoli & Jensen ABSENT: COUNCILMEMBERS/AGENCY MEMBERS: None 311 Mr. Kuykendall thanked the Council/Agency for their action, and stated that he will take the information back to the Bridge District Board. Q - ,VNNE M. LEUNCINI, City C er / Agency Secretary APPROVED THIS S'a'e DAY OF 1983 LAWRENCE E. MULRYAN, Mayor/A ncy Chairman *** *** *** *** *** *** *** In the Webb Room of the San Rafael Public Library, Tuesday, June 28, 1983, at 7:30 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Council member Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney RE: PUBLIC HEARING - PUBLIC USES OF FEDERAL REVENUE SHARING FUNDS AND PROPOSED 1983/84 BUDGET, CITY OF SAN RAFAEL Fin - File 8-5 Mayor Mulryan declared the public hearing opened. City Manager Beyer briefed the Council, calling attention to page 78 of the budget, which lists Capital Outlay items for a total of $109,145. Mayor Mulryan inquired if rental assis- tance would have to come out of Revenue Sharing, and Mr. Beyer replied in the affirmative. Councilmember Breiner inquired about the Capital Improvement Project under Revenue Sharing, for $35,000, titled North San Pedro Road Reconstruction. Public Works Director Bernardi informed the Council that this project would be a joint project with the County, and the specifications should be ready for Federal Aid Urban (FAU) approval. There being no public input, the hearing was closed. Finance Director Coleman reviewed revenue estimates, and indicated that there is still serious question about the level of support from the State. RE: BUDGET, FY 1983/84 (CM) - File 8-5 Assistant City Manager Nicolai summarized the City Council budget as proposed, indicating no change in level of salaries, for a total budget of $40,584. Council gave tentative approval. Ms. Nicolai briefed the proposed City Attorney's budget which reflects an increase of $1,400 in travel. City Manager Beyer indicated it would be a policy decision as to whether the City Attorney and Assistant City Attorney should attend the various conferences and courses. Mayor Mulryan stated he does not feel both attorneys should attend all conferences and courses. The budget also included $250 for bookcases, for a total budget of $116,952. Council gave tentative approval. The City Clerk's budget was reviewed, indicating a $900 reduction in Temporary Help Account for vacation relief/sick leave coverage and a $700 reduction in overtime. The total budget of $94,712 was down from the FY 82/83 budget of $95,923. Council gave tentative approval. The City Manager's budget was discussed, reflecting a $2,000 reduction in the Training Account, and an overall reduction from $203,929 in FY 82/83 to $195,466 for FY 83/84. It was noted that a secretarial position was not replaced with fulltime staff since the secretary trans- ferred to the City Attorney's Office. Council gave tentative approval. The Finance Department budget was reviewed by Finance Director Coleman, indicating that the budget reflects a 30% reduction in parttime help, the vacancy of a permanent employee for five months for maternity leave, and the filling of the Department Secretary position, being reclassified to Account Clerk II. A Capital Outlay item of $700 is requested, for a video display terminal for business licenses. The total budget is down from $258,705 in FY 82/83, to $251,167 for FY 83/84. Council gave tentative approval. 312 Council discussed the Library budget, which is down from $460,022 for FY 82/83 to $447,074 for FY 83/84. Library Director Stratford indicated that the salary funding reflects a change in the allocation of authorized library positions, reducing personnel costs by $15,000 from last year. Various procedures are being put into effect to make up for the loss of a Librarian due to retirement. Mr. Stratford informed the Council that within the last two years the Library has reduced its fulltime equivalent staff by 14% without reducing the level of service. Councilmember Miskimen inquired about plans for a library at Pickleweed Park, and Mr. Stratford informed the Council that there is a list of planning issues and priorities to be addressed in the Countywide study, and that the need for libraries in the Canal area and Terra Linda will be in that study. Council gave tentative approval to the proposed budget. The Cultural Affairs budget, down from $101,384 in FY 82/83 to $97,526 in FY 83/84, was discussed briefly. It was noted that the Cultural Arts Supervisor position which was vacant for the last six months of Fiscal Year 1982/83 is expected to be filled early in this Fiscal Year. The Cultural Affairs budget was tentatively approved by the Council. City Manager Beyer reviewed the Recreation Department budget, separating the General Fund from the Revolving Fund in his briefing. He indicated that the General Fund includes all of the fixed costs associated with the management and operation of the Administrative Division, San Rafael Community Center, and Terra Linda Recreation Center. All other maintenance and oper- ating costs associated with programs and facilities are included in the Recreation Revolving Fund. Recreation Director Jauch informed the Council that the Child Care Program is in its fifth year of operation, and is now at five sites, with the possibility of a new toddler program at Don Timoteo School. Rates for this program have been increased by approximately 10%. Council tentatively approved the General Fund budget of $221,975, and the Revolving Fund budget of $1,207,953. (Councilmember Miskimen left meeting) The General Services budget was reviewed, indicating that the Garage and Electrical Mainten- ance Division were transferred to Public Works Department in FY 82/83, and the position of Telephone Operator was transferred from the Police Department to Central Services due to the relocation of the switchboard. The proposed budget, at $469,400, was tentatively approved by the Council. The Personnel Division budget, reflecting a reduction from $93,458 in FY 82/83 to $84,261 in FY 83/84, caused by the reclassification of position from Assistant to City Manager to Person- nel Officer, was tentatively approved by the Council. The meeting adjourned to 7:30 PM in the City Hall Council Chambers on Wednesday, July 29, 1983, as a Special Joint meeting including the Redevelopment Agency budget. gANNE M. LEONCINI, City Clerk APPROVED THIS S�64 DAY OF , 1983 LAWRENCE E. MULRYAN, Mayo *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Wednesday, June 29, 1983, at 7:30 PM. Special Joint Present: Lawrence E. Mulryan, Mayor/Agency Meeting: Chairman Dorothy L. Breiner, Councilmember/ Agency Member Gary R. Frugoli, Councilmember/ Agency Member Fred E. Jensen, Councilmember/ Agency Member John A. Miskimen, Councilmember/ Agency Member Also Present: Robert F. Beyer, City Manager/Executive Director; Jeanne M. Leoncini, City Clerk/Agency Secretary; Edmund A. Duggan, City Attorney/Agency Attorney RE: SECOND BUDGET HEARING, FY 1983/84 (CM) - File 8-5 City Manager Beyer informed the Council that the situation in Sacramento is not settled, and it is still not known what the City's situation will be, but there is a possibility that the City will suffer a loss of approximately $500,000. F__ 313 The Planning Department budget was then reviewed, with Assistant City Manager Nicolai giving an overview. Mayor Mulryan inquired about the impact of one fewer Planner, and Planning Director Moore indicated that it will be manageable. Discussion followed, regarding the need for a parttime Code Enforcement Officer, considering the increase in City revenue as a result of his efforts. Councilmember Breiner moved and Councilmember Frugoli seconded, to add to the Planning Depart- ment budget a half-time Code Enforcement Officer on a contract basis. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None City Attorney Duggan addressed the Council on the pollution problem in the San Rafael Canal, in connection with the Planning Department budget. Mayor Mulryan informed Mr. Duggan that this was dealt with last year, and Planning Department will be bringing it back with their work program. Ms. Moore added that it will be addressed in the Neighborhood 30 Plan. Coun- cilmember Jensen added that if the City had a yacht harbor it would be the City's respon- sibility, but that is not the case. He suggested that the County Health Department can go to the various yacht clubs and commence policing for violations. The Planning Commission budget was tentatively approved at $349,240 by the Council. Council reviewed the Parking District budget, and City Manager Beyer explained that $17,000 of the Salaries and Wages figure covers additional parttime parking attendants at the new Third and "A" parking garage. Council tentatively approved the $422,765 proposed budget. Assistant City Manager Nicolai then gave the Council an overview of the Public Works Department consolidated budget. Mayor Mulryan inquired of Public Works Director Bernardi what the result would be if he tried to do without 3 people on the maintenance and grounds crews. Mr. Bernardi replied that the department would be affected during the storm season. Councilmember Frugoli stated that if there have to be cuts they should not be in maintenance. Councilmember Frugoli moved and Councilmember Breiner seconded, to fund one Groundsworker and one Maintenance Worker in the FY 1983/84 budget. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The Council gave tentative approval to the remainder of the proposed Public Works Budget for a total of $3,428,331. The Fire Department budget was reviewed by Assistant City Manager Nicolai, indicating that all fire stations will remain intact, with none scheduled to be eliminated. Councilmember Breiner inquired about the City's Emergency Plan, and Fire Chief Marcucci replied it will be ready in four or five months. Councilmember Jensen inquired about filling the Fire Marshal position, which has been vacant for eleven months, since the death of Fire Marshal Mazza. Chief Marcucci responded that the duties have been done by other personnel, but there has been great difficulty, particularly in connection with plan checking and inspection, where there is presently a backlog. After further discussion regarding the budget, Councilmember Breiner moved and Councilmember Miskimen seconded, to encourage the Fire Chief to take steps to fill the Fire Marshal position. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Council then tentatively approved the Fire Department proposed budget, at $4,087,844. Council reviewed the Police Department budget, and discussed the matter of a contribution from the City toward the Major Crimes Task Force. After discussion Councilmember Frugoli moved and Councilmember Jensen seconded, for the Police Department budget to include $42,000 for the Major Crimes Task Force. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Ms. Nicolai informed the Council that, as part of the redistribution of administrative respon- sibilities within the Police Department, the Police Chief's secretary is being reclassified to Police Administrative Aide. 314 Police Chief Ingwersen informed the Council that the Uniform Division budget includes an additional $1,700 for K-9 Unit expenses for vet costs and training. Since this is a test program, Chief Ingwersen promised to keep the Council informed as to progress of the program. The dog and his Police Officer handler will be on duty from 8:00 PM to 4:00 AM, the times when they will be most needed. He feels it will be a valuable addition to the Police force. Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the addition of the K-9 Unit as outlined. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Police Sergeant Lindquist, president of the Police Officers Association, addressed the Council stating that elimination of four sworn police officer positions will seriously impact all officers on a safety level. He added that more police coverage is needed in the Terra Linda and Canal areas. Chief Ingwersen stated he does not agree that the department is operating below strength, stating that although four sworn officer positions are being deleted, three of the sworn positions will be filled by trained para -professionals, known as Public Service Aides, who will handle late reported and non-violent type service calls. Councilmember Frugoli pointed out that with the Traffic Safety Grant there will be three additional officers - the three person Collision Reduction Team. The Council tentatively approved the Police Department budget, at $3,731,992. Finance Director Coleman briefed the Council on the Non -Departmental Budget, which includes Bond Retirement and Elections. The Elections budget provides funds for the General Municipal Election in November, 1983, and is based on 604 per San Rafael voter with 26,284 registered voters, totalling $16,935 for County of Marin to process the election. Mr. Coleman noted that the total includes $1,165 for advertising, forms and travel. Mayor Mulryan inquired about the amount in the Workers' Compensation Fund reserve, and Mr. Coleman replied approximately $1,200,000. We are able to fund a lot of the expenditures with the interest from that fund. Councilmember Breiner inquired about the Medical Insurance for Retirees, shown as $65,000. She felt that was much higher than it was previously. Mr. Coleman agreed that it has increased, and added that figure is a net figure. The actual cost is about $30,000 higher than that, but there is a provision with the County as a result of the retirement system which we have, where the City can bill the County for a portion of the retiree cost each year. Councilmember Breiner asked if there is a way that cost would be cut down, and Assistant City Manager Nicolai replied that staff is working on the whole medical package analysis, which should be ready for Council determination in about a month. Councilmember Miskimen inquired how the County computes the $55,000 for Retirement Adminis- tration. Mr. Coleman replied it is based on a percentage of the City's payroll. It pays for the administration of our retirement program, including staff time. Mr. Miskimen asked that Mr. Coleman review the contract with the County, and ask for the cost to be reviewed since it seems higher than it should be. Council accepted the Non -Departmental budget on a tentative basis, as submitted. Council then reviewed the Gas Tax Fund, and Public Works Director Bernardi informed them that this is the first year in which the City has received the new SB 215 funds (Senator Foran). This reflects an increase of about $150,000 over past years. Mr. Bernardi reviewed the various projects being recommended. In connection with the Fourth and Lincoln Signal Recon- struction, Councilmember Breiner inquired if any thought has been given to left -turn arrows at that intersection during the signal reconstruction. Mr. Bernardi responded that staff will look into that. The Gas Tax Fund budget was accepted, on a tentative basis, for $806,000. City Manager Beyer reported on the Redevelopment Agency Consolidated Budget, indicating that if the County should approve another round of tax increment financing this budget would have to be readjusted substantially. Basically, this budget reflects those projects now underway or anticipates and already approved by the Agency. Chairman/Mayor Mulryan remarked that there is nothing to approve here, but just to accept the status report. 315 Member Miskimen remarked that he felt this was an appropriate time to discuss the funding of the Housing Authority on the Renters' Program, which has been funded through Revenue Sharing funds, the Housing Authority and the San Francisco Foundation. However, with the San Francisco Foundation considering the possibility of a dollar -for -dollar match, the matter should be looked into. Mr. Miskimen noted that last year the Foundation contributed $129,269, while the City contributed $60,000, and that 134 families were benefited by the program. Member Miskimen indicated he would be happy to be a committee of one, to talk to Ms. Janet Miller Schoder, Executive Director of the Housing Authority, with City Manager Beyer or Assistant City Manager Nicolai, to determine what options are available, and report back to the Council prior to adoption of the final budget. Councilmember Breiner mentioned the request for funding from Toward Utility Rate Normal- ization (TURN), for the City to contribute 10¢ per capita through an executed letter of agreement to provide representation for the coming twelve months before the California Public Utilities Commission on utility and energy matters. She suggested that perhaps the various Marin County cities would be interested in asking the San Francisco Foundation for funds for such support. Mr. Beyer stated he has not analyzed the request, but included it because of the budget process. He offered to analyze the matter and give the Council a report at an early date. Councilmember/Agency Member Jensen moved and Councilmember/Agency member Frugoli seconded, to tentatively adopt the budget as discussed on June 28 and 29th. AYES: COUNCILMEMBERS/AGENCY MEMBERS: NOES: COUNCILMEMBERS/AGENCY MEMBERS: ABSENT: COUNCILMEMBERS/AGENCY MEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor/Chairman Mulryan None None Councilmember Breiner recommended review of charges for video machines, in connection with the updating of the Master Fee Schedule. ADD ITEM LIFTING OF HIRING FREEZE (CM) - File 7-4 x 8-5 City Manager Beyer remarked that at the June 6th Council meeting he was asked to re -introduce the subject of the hiring freeze at budget time, for the Council to consider lifting the freeze. Councilmember Frugoli moved and Councilmember Miskimen seconded, to fund all positions as discussed in the budget hearings. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The meeting adjourned to the next regularly scheduled meetings on Tuesday, July 5, 1983. J M. LEONCINI, City Clerk/ Agency Secretary APPROVED THIS/S'� DAY OF r� , 1983 AWRE­NC E E. MULRYAN, Mayor/Ag ncy Chairman *** *** *** *** *** *** *** *** 316 In Conference Room 201 of the San Rafael City Hall, Tuesday, July 5, 1983, at 7:00 PM. Special Joint Present: Lawrence E. Mulryan, Mayor/Agency Meeting: Chairman ' Dorothy L. Breiner, Councilmember/ Agency Member E Gary R. Frugoli, Councilmember/ Agency Member Fred E. Jensen, Councilmember/ Agency Member John A. Miskimen, Councilmember/ Agency Member Also Present: Robert F. Beyer, City Manager/Executive Director; Jeanne M. Leoncini, City Clerk/Agency Secretary REDEVELOPMENT AGENCY INTERVIEW OF APPLICANT FOR VACANCY ON REDEVELOPMENT CITIZENS' ADVISORY COMMITTEE (AS) - File R-140 CAC Agency members interviewed Abraham Yang, applicant for the vacancy on the Redevelopment CAC. Member Jensen moved and Member Breiner seconded, to appoint Abraham Yang to the Redevelopment CAC to replace David Sheldon, whose term expired the end of June 1983. Mr. Yang's term will run to the end of June 1987. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Chairman Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY COUNCIL INTERVIEWS OF APPLICANTS FOR VACANCY ON PLANNING COMMISSION (CC) - File 9-2-6 Council interviewed the following applicants for the vacancy on the Planning Commission caused by John Galbraith, Jr., not seeking reappointment: William E. Brannan Thomas E. (Tom) Burke Jane Little Bob Weldon Livingston John L. Pomidor Peter J. Siggins After discussion, Councilmember Breiner moved and Councilmember Miskimen seconded, to appoint Bob W. Livingston to the Planning Commission, with term expiring the end of June 1987. The Agency/Council adjourned to the Agency meeting to follow immediately. &AMNE M. I NCI City Clerk/ Agency Secretary APPROVED THIS DAY OF , 1983 vZC.c.0-� LAWRENCE E. MULRYAN, Mayor/Agen y Chairman *** *** *** *** *** *** *** *** 317 In the Council Chambers of the City of San Rafael, Tuesday, July 5, 1983, at 7:45 PM. Special Joint Present: Lawrence E. Mulryan, Mayor/Agency Meeting: Chairman Dorothy L. Breiner, Councilmember/ Agency Member Gary R. Frugoli, Councilmember/ Agency Member Fred E. Jensen, Councilmember/ Agency Member John A. Miskimen, Councilmember/ Agency Member Also Present: Robert F. Beyer, City Manager/Executive Director; Jeanne M. Leoncini, City Clerk/Agency Secretary; Edmund A. Duggan, City Attorney/Agency Attorney 1. JOINT PUBLIC HEARING RE PG&E PROPERTY DISPOSITION & DEVELOPMENT AGREEMENT FOR THE ACQUISITION REDEVELOPMENT AGENCY a. Resolution Determining Agency has Complied with Section 33433 of the California Health & Safety Code and Approving a Disposition and Development Agreement Chairman Mulryan declared the public hearing opened. Executive Director Beyer briefed the staff report, indicating that the proposed agreement provides for DESCON Partnership, formerly called Andersen Drive Associates, to acquire Agency property on Andersen Drive for the purpose of constructing a PG&E service center at a fixed price of $4,350,000. Once constructed, the property and the service center will be turned over to PG&E as the final element of the Agency's Relocation Agreement with PG&E. There being no public input, the Redevelopment Agency portion of the hearing was closed. RESOLUTION NO. 83-11 - CERTIFYING A NEGATIVE DECLARATION FOR A RELOCATION AGREEMENT WITH PG&E AYES: MEMBERS: Breiner, Frugoli, Miskimen & Chairman Mulryan NOES: MEMBERS: None ABSENT: MEMBERS: None ABSTAINED: MEMBERS: Jensen CITY COUNCIL b. Resolution Determining Agency has Complied with Section 33433 of the California Health & Safety Code and Approving Disposition and Development Agreement Mayor Mulryan declared the City Council portion of the public hearing opened. There being no public input the hearing was closed. Attorney Lee Rosenthal recommended addition of another "Whereas" on the Council's resolution, to read: "Whereas, the City Council finds that the purchase price for the property is less than the fair market value, and that such purchase price is, for the reasons set forth in the Agency Summary of the Disposition and Development Agreement, necessary to implement the Central San Rafael Redevelopment Plan". Council agreed to this addition. RESOLUTION NO. 6572 - DETERMINING AGENCY COMPLIANCE WITH SECTION 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE AND APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH DESCON PARTNERSHIP RE: PG&E SERVICE CENTER - ANDERSEN DRIVE (As amended to add additional paragraph stated above.) AYES: MEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: MEMBERS: None ABSENT: MEMBERS: None ABSTAINED: MEMBERS: Jensen 2. JOINT PUBLIC HEARING RE PG&E PROPERTY DISPOSITION AND DEVELOPMENT AGREEMENT FOR DEVELOPMENT OF EIGHT ACRES FOR THE PURPOSE OF CONSTRUCTING A HOUSING, COMMERCIAL, RETAIL AND OFFICE COMPLEX AT SECOND AND LINDARO STREETS EQUITEC ED --File R-231 x SRCC 4-4-4 Mayor/Agency Chairman Mulryan declared the public hearing opened. City Manager/Executive Director Beyer briefed the staff report, indicating that the Disposi- tion and Development Agreement has not yet been finalized, but will be ready by July 18th. However, because of the necessity for re -noticing the meeting, Mr. Beyer recommended contin- uance of the public hearing to August 1, 1983. 318 Hans Kuhni of Equitec stated he is in agreement with the basic principles of the Agreement, and is certain it will be ready for the August 1, 1983 meeting. He pointed out the modifica- tions which include approximately 60,000 square feet of commercial/retail space and 300 condominium units over parking. David Irmer of Innisfree Company stated that, although this is a very fine development, he wanted to go on record that his company has a continuing interest in development of the site. Councilmember/Agency Member Breiner pointed out that this indicates the necessity of always going out to public bid on a project, since without that it is never known what the full potential might have been. There being no further public input, the hearing was continued to August 1, 1983. Councilmember/Agency Member Jensen moved and Councilmember/Agency Member Breiner seconded, to accept the design as proposed and have the necessary legal documents drawn up for the meeting of August 1, 1983. AYES: COUNCILMEMBERS/AGENCY MEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor/Agency Chairman Mul ryan NOES: COUNCILMEMBERS/AGENCY MEMBERS: None ABSENT: COUNCILMEMBERS/AGENCY MEMBERS: None The meeting adjourned to the City Council meeting following immediately. APPROVED THIS *** *** *** *** 4'E NITE M. LEONCINI, ity Clerk/ Agency Secretary DAY OF , 1983 LAWRENCE E. MULRYAN, Maybr/Agerfty Chairman *** *** *** *** In the Council Chambers of the City of San Rafael, Tuesday, July 5, 1983, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Jensen moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Regular Meeting of June 6, and Special Joint Meetings of June 20, 1983 (CC) 2. Acceptance of Grant of Access Easement - 519 "B" Street (PW) - File 2-5-11 3. Award of Bid - Roof Replacement, City Hall (GS) - File 4-1-347 4. Acceptance of Storm Drain Easement - 398 Mountain View Ave. (PW) - File 2-4-8 Recommended Action Approved as submitted. RESOLUTION NO. 6573 - ACCEPTING GRANT OF ACCESS EASEMENT - 519 "B" STREET (John B. & Ida C. Arruda, for Access to Creek for Maintenance Purposes) RESOLUTION NO. 6574 - AUTHORIZING THE REPLACEMENT OF CITY HALL ROOF, UTILIZING BUDGETED FUNDS (To Henris Supply, Inc., of Petaluma, low bidder, @ $43,230) RESOLUTION NO. 6575 - ACCEPTING GRANT OF STORM SEWER EASEMENT - 398 MOUNTAIN VIEW AVE. (David C. & Marcia S. Sperling) 5. Resolution of Appreciation - John M. Galbraith, Jr., Planning Commissioner - File 102 x 9-2-6 6. Claims for Damages: (PW) a. Brian K. O'Banion - File 3-1-788 b. New York -California Industrial Corp. (Pietrzak) - File 3-1-794 c. New York -California Industrial Corp. (Lavonne McGuire et al) - File 3-1-795 d. Russell & Janet Kern - File 3-1-798 7. Authority to Apply for National Historic Preservation Grant (Cult. Aff.) - File 4-10-176 x 13-14-2 319 RESOLUTION NO. 6576 - RESOLUTION OF APPRECIATION - PLANNING COMMISSIONER JOHN M. GALBRAITH, JR. (Commissioner Galbraith did not seek reappointment) Approved R. L. Kautz & Co. recommend- ations for denial of claims. RESOLUTION NO. 6577 - AUTHORIZING APPLICATION FOR A NATIONAL HISTORIC PRESERVATION GRANT FOR FALKIRK COM- MUNITY CULTURAL CENTER AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. SPECIAL PRESENTATION - File 102 x 9-2-6 Mayor Mulryan presented Resolution of Appreciation No. 6576, to John M. Galbraith, on occasion of his leaving the Commission, and thanked him for his many contributions of time and expertise on behalf of the City of San Rafael. 8. PUBLIC HEARING - CONSIDERATION OF ISSUANCE, SALE AND DELIVERY OF CITY OF SAN RAFAEL COMMERCIAL REVENUE BONDS MARIN SQUARE PROJECT 1983 -SERIES A CM - File 8-22 Mayor Mulryan declared the public hearing opened. There being no public input, the hearing was closed. RESOLUTION NO. 6578 - AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF SAN RAFAEL COM- MERCIAL REVENUE BONDS (MARIN SQUARE PROJECT) 1983 SERIES A (Located on Bellam Blvd., between Highways 17 and 101) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmember Jensen left meeting) 9. PUBLIC HEARING - Z83-2 - ZONE DISTRICT CHANGE FROM P -C (PLANNED COMMUNITY) DISTRICT TO P -D PLANNED DEVELOPMENT DISTRICT, TO ACCOMMODATE ELECTRONICS FIRM SALES & ASSEMBLY - NTRON; 3833 REDWOOD HIGHWAY 3-R SCHOOL SITE); MARY LOU JACOBSON & RICHARD CLAYTON, OWNERS; EDWARD HAGEMAN, REP.; AP 179-041-23 P1 - File 10-3 Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed the Council, indicating that the proposed rezoning is to accommodate NTRON, a sales and assembly electronics firm. The previous tenant on this property was the 3-R School. There being no public input, the hearing was closed. Councilmember Breiner moved and Councilmember Miskimen seconded, to certify the Negative Declaration. AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from P -C -NG (C-172) (Planned Community Combined with Northgate Overlay) District to P -D -NG (C-172) (Planned Development Combined with Northgate Overlay District) - 3833 Redwood Highway - and numbering Charter Ordinance No. 1461, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 320 10. PUBLIC HEARING - Z83-10 - REZONING FROM C-2 TO C-2-DRD; FOURTH STREET FROM "D" STREET TO "H" STREET ON NORTH SIDE, AND IDA STREET ON SOUTH SIDE; INITIATED BY CITY OF SAN RAFAEL P1 - rile lu-s Mayor Mulryan declared the public hearing opened. Planning Director Moore informed the Council that the proposed rezoning provides an essential tool to ensure that future sign changes incorporate the City -recommended facade changes or equally acceptable alternatives. The underlying C-2 (General Commercial) zoning would not be altered. Councilmember Frugoli inquired if this would affect pre-existing businesses in the area, and Ms. Moore responded that buildings with nonconforming signs should bring them into compliance. There being no public input, the hearing was closed. Councilmember Breiner moved and Councilmember Frugoli seconded, to certify the Negative Declaration. AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from C-2 (General Commercial) District to C-2-DRD (General Commercial -Downtown Review) District - Fourth Street from "D" to "E" and Ida - and numbering Charter Ordinance No. 1462, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen (Councilmember Jensen returned) 11. PUBLIC HEARING - TEXT AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE: (P1) - File 10-3 x 206 a. P83-5 - To Add Section to Chapter 14.75 "General Provisions and Exceptions" for Pro- hibition of Outdoor Displays and Video Games; And b. To Add Section to Chapter 10.40 "Coin Operated Amusement Devices" - Outside_ Use Prohibited Mayor Mulryan declared the public hearing opened. Planning Director Moore explained that the two proposed ordinances are for the purpose of changing two sections of the Municipal Code, one dealing with the requirement to obtain a business license for video games and the standards under which it would be approved, and one pertaining to the zoning uses of each district. These changes would prohibit video games unless they are located inside an existing business. The two ordinances together should preclude future problems such as have recently been experienced. There being no public input, the hearing was closed. An Ordinance of the City of San Rafael, Amending Title 14 (Zoning Code) by Adding Subpara- graph 14.75.020 k. to Chapter 14.75, General Provisions and Exceptions, and Numbering Charter Ordinance No. 1463, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None An Ordinance of the City of San Rafael, Amending Title 10 (Businesses Code) by Adding Section 10.40.080, Outside Use Prohibited, to Chapter 10.40, Coin Operated Amusement Devices, and numbering Charter Ordinance No. 1464, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. PUBLIC HEARING - Z83-7 - REZONING FROM P -C (PLANNED COMMUNITY) DISTRICT TO P -C (PLANNED COMMUNITY) DISTRICT. "PORTO BELLO WEST. UNIT 2"; ROYAL COURT. OFF SAN PEDRO ROAD; rmsn�fie����:ra■�■��►:��c��a��:��.�r:�e■:�:�a:�a���:�eie:�►re�Knuiu:�.�.��ne��■�a�r�� Mayor Mulryan declared the public hearing opened. 32I Planning Director Moore informed the Council that the proposed rezoning is a housekeeping matter, to enable three of the four condominiums on one side of Royal Court to add a bathroom. The design has been approved by the Royal Court Board of Directors, and is compatible with the architecture of the units. Also, it would allow adequate space adjacent to the rear property line for landscaping. There being no public input, the hearing was closed. Councilmember Frugoli moved and Councilmember Breiner seconded, to certify the Negative Declaration. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from P -C (Planned Community) District to P -C (Planned Community) District - "Porto Bello West, Unit 2" - and numbering Charter Ordinance No. 1465, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. APPROVAL FOR CONSTRUCTION ENGINEERING SERVICES - ANDERSEN DRIVE EXTENSION PROJECT (PW) - File 4-1-333 Public Works Director Bernardi requested Council authorization to spend up to $50,000 for construction engineering services on the Andersen Drive Extension Project. This involves $10,000 for soils engineering services and $40,000 for construction engineering. Soils en- gineering would be provided by Cooper Engineers and the surveying by Hoffman & Albritton. Cost for these services would be reimbursable from the various sanitation agencies in accordance with the City's agreement with them. Mr. Bernardi mentioned that cost for these services was previously reported to the Council on May 2nd at the time the construction contract was awarded. Mr. Bernardi further informed the Council that the Charter is specific in that it requires staff to seek competitive bids for equipment or materials or supplies, but not for services. When the Andersen Drive Project was first proceeding, staff sought proposals from three engineering firms, all of the proposals including construction surveying and staking. Councilmember Jensen objected to staff's proposal, feeling that it is unnecessary, and that the construction foreman routinely takes care of this type of work. After discussion Councilmember Frugoli moved and Councilmember Breiner seconded, to approve the staff recommendation and authorize the use of Cooper Engineers and Hoffman & Albritton for soils engineering and construction surveying respectively for the Andersen Drive Extension Project at an amount not to exceed $50,000. AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILMEMBERS: None 15. REPORT AND RECOMMENDATION ON FIFTH AVENUE SEWER OVERFLOW STUDY (PW) - File 4-3-99 Public Works Director Bernardi informed the Council that staff is recommending approval of Alternative No. 2 of the John W. Hill & Associates study regarding the sanitary sewer system in vicinity of Fifth Avenue. Staff feels that Alternative No. 2 provides the greatest flexibility and, also, is mid-range of the three alternatives as far as cost is concerned. Council discussed the alternatives, and considered Alternative No. 3, which includes replacing the existing two -pipe system with a single larger PVC pipe, reducing slope of the pipe throughout on-site system, and constructing an inverted siphon at the existing box culvert crossing Fifth Avenue to conduct sewage beneath the culvert. Although this alternative has been priced at $103,000 which is the most costly of the three, Council felt it would produce the greatest benefit. Staff also indicated that this alternative would positively eliminate any overflows. Compared to Alternative No. 1 which would cost $71,000, and Alternative No. 2, at $80,000, Council felt that Alternative No. 3 could be accomplished with additional revenue sharing funds. Councilmember Jensen moved and Councilmember Breiner seconded, to approve Alternative No. 3, and direct staff to prepare plans and specifications. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mr. Bernardi informed the Council that the project should begin in September. Elliot Bien, president of Neighborhood 13 Association, thanked the Council for their action. 322 16. SECOND READING AND ADOPTION OF ORDINANCE NO. 1458 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM C-2 GENERAL COMMERCIAL DISTRICT TO P -D PLANNED DEVELOPMENT DISTRICT - 1301 Third Street "Centertown P1 - vi ie lu-:i The title of the Ordinance was read: "AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFER- ENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM C-2 (GENERAL COMMERCIAL) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT - 1301 Third Street 'Centertown" Councilmember Jensen moved and Councilmember Frugoli seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1458. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. SECOND READING AND ADOPTION OF ORDINANCE NO. 1459, AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL. CALIFORNIA. SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -D PLANNED - 310-330 Pt. San Pedro Road (P1) - e The title of the Ordinance was read: "AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -D (PLANNED DEVELOPMENT) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT - 310-330 Pt. San Pedro Road" Councilmember Frugoli moved and Councilmember Jensen seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1459. AYES: COUNCILMEMBERS: Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner & Miskimen ABSENT: COUNCILMEMBERS: None 18. SECOND READING AND ADOPTION OF ORDINANCE NO. 1460, AMENDING THE ZONING MAP OF THE CITY OF JMIV RMrMLL, VMLlrURIVLM, JU HJ IU RLULMJJlrI IGRIMIII RLML rRUrLRI1 Frxwl r -U \r LMIYIYLU DEVELOPMENT DISTRICT TO P -D PLANNED DEVELOPMENT DISTRICT - 54 San Pablo Avenue Meadow_ Oar Pl - File 5-1-275 x 10-3 The title of the Ordinance was read: "AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFER- ENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -D (PLANNED DEVELOPMENT) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT - 54 San Pablo Avenue 'Meadow Oaks"' Councilmember Jensen moved and Councilmember Frugoli seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1460. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19. PRESENTATION OF TOWING ISSUES (Verbal) - File 9-3-30 Councilmember Breiner reported that she has had complaints about various towing incidents. Police Chief Ingwersen was asked to look into the problems, with a view to improving the process. 20. DOWNTOWN AD HOC COMMITTEE PROGRESS REPORT (P1) - File 9-2-38 Council reviewed and accepted the report by the Downtown Ad Hoc Committee, noting that a final report of the committee, with recommendations for implementation of policies, will be presented to the Council in September. Councilmember Jensen moved and Councilmember Miskimen seconded, to accept the report of the Downtown Ad Hoc Committee. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 323 21. RESOLUTIONS RE ELECTION MATTERS - GENERAL MUNICIPAL ELECTION NOVEMBER 8, 1983 (CC) - File 9-4 RESOLUTION NO. 6579 - 1) PROPOSING A GENERAL MUNICIPAL ELECTION, INCLUDING THE SAN RAFAEL ELEMENTARY SCHOOL DISTRICT AND THE SAN RAFAEL HIGH SCHOOL DISTRICT GENERAL ELECTION; 2) REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; 3) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6580 - REAFFIRMING POLICY REGARDING NUMBER OF WORDS IN CANDIDATE'S STATEMENT OF QUALIFICATIONS, PROVIDING THAT THE COST OF PRINTING AND HANDLING OF CANDIDATE'S STATEMENT OF QUALIFICATIONS SHALL BE BORNE BY THE CANDIDATE AND PAID FOR AT THE TIME NOMINATION PAPERS ARE FILED AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6581 - RELATING TO A TIE VOTE OCCURRING IN A CITY OFFICE IN THE SAN RAFAEL GENERAL MUNICIPAL ELECTION AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6582 - REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN TO PERMIT THE COUNTY CLERK TO CONSOLIDATE PRECINCTS AND POLLING PLACES RELATING TO THE SAN RAFAEL GENERAL MUNICIPAL ELECTION AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 22. COUNCIL CONSIDERATION RE PUBLIC HEARINGS FOR MASTER CABLE TV AGREEMENT (CM) - File 9-7-4 Council reviewed a staff report from Assistant to the City Manager Barbier, indicating that late last year all of the cities in Marin County served by Viacom Cablevision, and the County, entered into a Joint Powers Agreement with Viacom, and a consultant was chosen to work with the cities and Viacom to establish a master agreement. The City of San Rafael has been designated as the lead agency to coordinate a successful agreement. Four public hearings are being planned throughout the County the week of September 12, 1983, to invite public input on the present cable system and to ascertain future needs, so they may be incorporated in the new agreement. Staff is recommending that Council authorize the CATV Commission to conduct a public hearing for the San Rafael area during the week of September 12th, and appoint one Councilmember to act as chairperson for the Commission to conduct the hearing. Councilmember Jensen moved and Councilmember Miskimen seconded, to approve holding a public hearing the week of September 12th, and to appoint Councilmember Breiner as chairperson for that meeting. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 23. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Councilmember Miskimen moved and Councilmember Jensen seconded, to oppose AB 91 (Cortese) - Firefighters procedural Bill of Rights Act. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner moved and Councilmember Frugoli seconded, to oppose SB 924 (Maddy) - Extension of County Grand Jury Investigatory Authority to Any and All City Matters. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 304 ADD ITEMS I TRAFFIC PROBLEMS ON PT. SAN PEDRO ROAD (Verbal) - File 11-11 x 11-12 Wm. Bielser, a resident of 64 Manzanita Avenue, spoke of dangerous traffic conditions on Pt. San Pedro Road, and asked consideration for a stop sign at Summit Avenue, to stop the speeding. He also recommended a flashing red light at Lochinvar Road. Council asked staff to bring these suggestions to the attention of the Traffic Advisory Committee. Councilmember Breiner then asked that other factors on Pt. San Pedro Road be considered, such as break -away poles. Also, there is much gravel being spilled on the road, which is a hazard for bicycle and motorcycle riders. Police Chief Ingwersen stated that he is aware of this, and also the Highway Patrol, and that the problem is caused by trucks from the Quarry going to the shopping center being constructed in Corte Madera. The trucks overload, and are going too fast. The Dillingham Corp. has been advised of this. Chief Ingwersen also mentioned that the inter- section of Summit and Pt. San Pedro Road is outside the City limits, and the stop sign would be appropriate. II DEDICATION OF PARKING STRUCTURE AT THIRD & "A" STREETS (Verbal) - File 104 x SRRA R-197 Councilmember Frugoli informed the Council that Jim Barrett of New Horizons Savings & Loan asked to be allowed to co-sponsor the dedication ceremonies for the opening of the Third and "A" Streets parking structure which is scheduled for the week of July 18th. Council agreed that this would be appropriate. Council adjourned to Closed Session to discuss pending litigation and labor negotiations. EANNE M. LEONCIN , City Clerk APPROVED THIS Qom-- DAY OF , 1983 MAYOR OF THE CITY OF SAN R FAEL In the Council Chambers of the City of San Rafael, Monday, July 18, 1983, at 7:45 PM. Special Joint Present: Lawrence E. Mulryan, Mayor/Agency Meeting: Chairman Dorothy L. Breiner, Councilmember/ Agency Member Gary R. Frugoli, Councilmember/ Agency Member Fred E. Jensen, Councilmember/ Agency Member John A. Miskimen, Councilmember/ Agency Member Also Present: Robert F. Beyer, City Manager/Executive Director; Jeanne M. Leoncini, City Clerk/Agency Secretary; Edmund A. Duggan, City Attorney/Agency Attorney RE: REPORT RE TRANSPORTATION CENTER (ED) - File R-81 x SRCC 112-2 City Manager/Executive Director Beyer briefed the Council/Agency on developments regarding the proposed Transportation Center, since the last special joint meeting on June 28, 1983. Mr. Beyer informed the Council/Agency that at its meeting on Friday, July 8, 1983, the Board of Directors of the Golden Gate Bridge, Highway and Transportation District (GGBHTD) accepted their staff's recommendation to locate the San Rafael Transportation Center on the "Carwash/ Greyhound" site. Since the City did not have an opportunity to review the staff report, the Board agreed to delay action until their next meeting. City staff has now reviewed that report and has identified certain areas which should receive supplemental information for the District to consider before they make their decision at their July 29th meeting. Staff feels that under Operating Expense, the additional costs of $500,000 per year for the Shell Station/Corporation Yard site at Second and Lincoln overstates the difference between the two sites. Under Joint Use Development, staff would like to point out to the District that no joint development would be allowed at the Carwash site, whereas significant development opportunities would be possible at the Corporation Yard site. Regarding Commuter Parking, the District's report mentions that the Carwash site would continue to utilize the existing commuter parking under the viaduct. Staff feels that employee/shopper parking demand is high in this area, and if the transporation center is located at the Corporation Yard site the viaduct parking could be converted to employee/shopper parking. Also, the future expansion opportunities for the Corporation Yard would be significant. 325 I Attorney Fred Peterson, representing the Milani and Beckstrom families, stated he had under- stood the site in question was the Carwash site only, and not the Greyhound site. He stated that John Irish of AMC Jeep/Renault leases parking space which would be within Site 9, which i includes the Greyhound property. Mayor/Chairman Mulryan stated that the Greyhound site has always been included in discussions of this area. After further discussion Councilmember/Agency Member Miskimen moved and Councilmember/Agency Member Breiner seconded, to approve the staff recommendations as stated regarding staff advising the District of the points in their staff report which need correction or amplification. AYES: COUNCILMEMBERS/AGENCY MEMBERS: Breiner, Miskimen & Mayor/Agency Chairman Mulryan NOES: COUNCILMEMBERS/AGENCY MEMBERS: Frugoli & Jensen ABSENT: COUNCILMEMBERS/AGENCY MEMBERS: None The Council/Agency adjourned to the regular Council meeting, to follow immediately. JEARNE M. LEONCINI, City Clerk/ Agency Secretary APPROVED THIS ISx4 DAY OF 1983 LAWRENCE E. MULRYAN, Mayor/Agen y Chairman ** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, July 18, 1983, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Frugoli moved and Councilmember Jensen seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Regular Meeting of June 20, 1983 (CC) 2. Appeal of Handicapped Access Requirements - 1800 Lincoln Avenue (PW) - File 13-1-1 3. Award of Bid, One 3/4 Ton Cab & Chassis for Public Works Dept. (GS) - File 4-2-181 4. Resolution Initiating Proceedings for Civic Center North Annexation (First National State Bank of New Jersey) (Pl) - File 5-2-86 5. Authorization to Call for Bids - "Fifth Avenue Asphalt Walkway Improvement" (PW) - File 4-1-348 6. Report re Northbouhd Onramp at Manuel T. Freitas Interchange (PW) - File 11-16 Recommended Action Approved as submitted. Set public hearing for Monday, August 1, 1983. RESOLUTION NO. 6583 - AUTHORIZING PURCHASE OF ONE 3/4 TON CAB & CHASSIS FOR PUBLIC WORKS DEPARTMENT UTILIZING EQUIPMENT REPLACEMENT FUNDS (Steve Snyder Chevrolet of San Rafael, $9,987.59). Council also authorized purchase of one service body for this vehicle for an estimated price of $2,200. RESOLUTION NO. 6584 - INITIATING PRO- CEEDINGS FOR THE CIVIC CENTER NORTH REORGANIZATION (Setting public hearing for 8 PM, August 15, 1983) . Authorized staff to call for bids for Fifth Avenue Asphalt Walkway Improve- ment, Project #19-199888100. Accepted status report. Project may be constructed in 1985/86. 326 7. Statement of Disclosure - Bob W. Livingston, Planning Commissioner (CC) - File 9-4-4 x 9-2-6 8. Claims for Damages: a. David Alan Weiner ( PD) - File 3-1-613 b. Jim Bishop & San Rafael Chrysler Dodge (PW) - File 3-1-766 c. A Women's Place (PW) - File 3-1-776 d. Roland & Dora Johnson, dba Shop for Tops (PW) - File 3-1-777 e. Harbor Center Guitars (PW) - File 3-1-778 f. Record Factory, Inc. (PW) - File 3-1-779 g. Patrick S. Low (PW) - File 3-1-780 h. Bikszer Abraham (PW) - File 3-1-781 i. Marin Color Copies (PW) - File 3-1-782 j. Doran & Diane May, dba Harbor Center (PW) - File 3-1-783 k. Frankfurter Hof (PW) - File 3-1-784 1. EMRA Corporation (PW) - File 3-1-785 m. Bettyann Steele (PW) - File 3-1-786 n. James R. Throckmorton (PW) - File 3-1-787 o. Jerome & Norma Draper and California State Automobile Assoc. (PW) - File 3-1-792 p. James & Mary Mathews (PW) - File 3-1-793 q. Wally H. Tamini (PD) - File 3-1-796 r. Eloise Storss (PW) - File 3-1-803 Accepted report. Approved R. L. Kautz & Co. recommend- ations for denial of claims. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9. PUBLIC HEARING - TWO APPEALS OF PLANNING COMMISSION DECISION: UP80-6(b); AMENDMENT TO PERMIT USE OF MARIN SANITARY TRANSFER STATION; 1050 ANDERSEN DRIVE; MARIN SANITARY SERVICE, INC., OWNER; GUIDO ZANOTTI & ALBERT BIANCHI, REPS.; AP 18-181-35 & 18-143-07 P1 - File 10-5 a. Appeal from Fred Grange b. Appeal from Said Mokhtarzadeh Mayor Mulryan declared the public hearing opened. Attorney Albert Bianchi, representing Marin Sanitary Service, noted that there is a request from attorney Joseph Lemon, newly -appointed attorney for Said Mokhtarzadeh, for a continuance of the public hearing to August 15, 1983. Mr. Bianchi asked that the hearing not be continued, since Mr. Said Mokhtarzadeh's appeal deals with traffic impact and that matter has already been covered in the conditions of approval and there is nothing further to negotiate. Mayor Mulryan asked the other appellant, Fred Grange, for his opinion on a continuance of the hearing, and Mr. Grange responded that he had no objection to a continuance, and pointed out that his appeal is a separate issue. Attorney Joseph Lemon, representing Said Mokhtarzadeh, stated that since he has just been appointed to represent Mr. Mokhtarzadeh he would appreciate having the hearing continued. Mayor Mulryan continued the hearing to August 15, 1983, at which time a final decision will be made. Meanwhile, staff was asked to prepare recommendations upon which the decision can be made, regarding both appeals. 327 10. ADOPTION OF RESOLUTION APPROVING 1983/84 BUDGET FOR CITY OF SAN RAFAEL (Fin) - File 8-5 ! Consideration of this item continued to the meeting of August 1, 1983, in view of the fact that the State of California has not yet adopted its budget. 11. ACCEPTANCE OF DEDICATION OFFER - PEACOCK GAP NEIGHBORHOOD PARK, LOT 4; PARCEL MAP 20-10; LANDS OF NEW YORK -CAL INDUSTRIAL CORP. (Pl) - File 2-5-12 x 4-3-89 (Councilmember Miskimen left meeting, due to conflict of interest) Council considered a staff report from Planning Director Moore, indicating that the Peacock Gap Neighborhood Plan proposes the development of an approximately seven acre park between Biscayne Drive and Peacock Drive. A portion of the park is within the Lands of the New York -California Industrial Corporation and American Savings and Loan. New York -Cal was required to offer for dedication its four acre portion as a condition of a four -lot subdivision which separated each of the major development areas from the park on its larger parcel. The acceptance of the dedication was to occur after the tentative map for single family detached development was approved. That map has been approved by the Planning Commission and all appeal periods have run. The City can, therefore, accept the offer to dedicate the park. Development of the park, estimated to cost $700,000 in 1980, is to be funded through fees which will be required as a condition of the tentative map approvals. Fees will be approximately $2,000 per unit, excluding any below market rate units. However, New York-Cal's representative, attorney Peter Hunt, has suggested an alternative method for the City to acquire the property, namely that the site be purchased by the assess- ment district which is being formed to finance public road and utility improvements needed for new Peacock Gap development. The staff report indicated that while this approach would remove a title restriction which requires that the site be used for park purposes, assessment district purchase of the park site is not consistent with the original New York -Cal parcel map approvals or the Peacock Gap Neighborhood Plan. Mayor Mulryan asked an opinion of Assistant City Attorney Andrew, and he replied that he has not been able to discuss the matter with bond counsel, regarding the method of financing which has been proposed. Mayor Mulryan stated that the question would be solely whether there is any added responsibility on the part of the City and the property owners. He suggested that the Council move to accept the financing proposal, contingent upon any adverse opinion from bond counsel. Councilmember Jensen moved and Councilmember Frugoli seconded, to approve the financing pro- posal, so long as there is not an adverse opinion from bond counsel. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen (Councilmember Miskimen returned) 12. REQUEST TO RESCIND AWARD OF BID FOR FIRE DEPARTMENT AND PUBLIC WORKS DEPARTMENT RADIOS AND CALL FOR BIDS (GS) - File 4-2-173 Council reviewed a staff report from Assistant to the City Manager Barbier indicating that Radio Communications of San Rafael has notified the City that they can no longer honor the original bid prices, although they were notified of the award of bid only six days after the original sixty-day evaluation process period had elapsed. They stated that they had received price increases from their manufacturers. Staff has checked with several other dealers who handle some of the same brand names as Radio Communications offered, and it was found that none of these dealers had experienced price increases at all. RESOLUTION NO. 6585 - AMENDING RESOLUTION NO. 6514 - (Amending Section 1, rescinding award of bid to Radio Communications of San Rafael, and authorizing staff to call for new bids for various pieces of radio equipment for Fire and Public Works departments) AYES: COUNCILMEMBERS: Brei ner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. STATUS REPORT RE AIR RIGHTS PROPOSAL - THIRD AND "C" STREETS (CM) = File 207 x R-224 Council considered a staff report from City Manager Beyer, indicating that staff has continued to meet with representatives of Wintergreen Enterprises over the past few months regarding their proposal for development of the property at Third and "C" Streets in San Rafael. The most recent proposal for this project includes the development of the adjacent Crocker Bank parking lot as well. The project would consist of a parking structure with 52 spaces for City parking, 50 spaces for Crocker Bank and 102 spaces for the residential units above the parking structure. The residential portion would consist of 80 units, 10 of which would be two bedroom and the remaining 70 would be one bedroom. The Planning Department is currently reviewing the preliminary design sketches. The matter is being brought back for direction, because of the recently adopted Council policy regarding process for lease or sale of property. 328 Mr. Beyer recommended that, if the Council feels the Third and "C" Streets property should be developed for this use, a notice be published in the newspaper for thirty days to allow any developers interested in such a project to submit proposals. Any proposals received would then be reviewed and evaluated on financial feasibility, design, and other pertinent factors. Councilmember Breiner inquired if this proposal has been before the Downtown Parking District Advisory Committee, and Mr. Beyer responded that the Committee has made a specific recommend- ation that this project was not the best way to use this property. Mayor Mulryan asked if the Council would prefer to open the project up for a Request for Proposals (RFP). Councilmember Frugoli stated that would be an excellent idea, but that he feels this is the only place in the downtown area where a second level of parking could be constructed and he feels that concept should be considered. Councilmember Breiner agreed, stating that she would be reluctant to go out with an RFP. Councilmember Miskimen responded that, since this project has been considered for some time, he feels the staff recommendation should be implemented. Councilmember Miskimen moved and Councilmember Jensen seconded, to approve staff recommendation to publish a notice in the newspaper for 30 days to allow any developers interested in such a project to submit proposals. AYES: COUNCILMEMBERS: Frugol i , Jensen, Mi skimen & Mayor Mul ryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None 14. SECOND READING AND ADOPTION OF ORDINANCE NO. 1461, AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL. CALIFORNIA. SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -C -NG C-172 STRICT TO P -D -NG (C-172 (PLANNED 38 33 Redwood Hi Qhwav P1 - e Iu- The title of the Ordinance was read: "AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFER- ENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -C -NG (C-172) (PLANNED COMMUNITY COMBINED WITH NORTHGATE OVERLAY) DISTRICT TO P -D -NG (C-172) (PLANNED DEVELOPMENT COMBINED WITH NORTHGATE OVERLAY) DISTRICT ( 38 33 Redwood Highway)" Councilmember Jensen moved and Councilmember Miskimen seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1461. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. SECOND READING AND ADOPTION OF ORDINANCE NO. 1462, AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL. CALIFORNIA. SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM C-2 GENERAL COM- MERCIAL) DISTRICT TO C-2-DRD (GENERAL COMMERCIAL - from "D" -to "H" and Ida) (Pl) - File 10-3 The title of the Ordinance was read: Fourth Street "AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFER- ENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM C-2 (GENERAL COMMERCIAL) DISTRICT TO C-2-DRD (GENERAL COMMERCIAL - DOWNTOWN REVIEW) DISTRICT (Fourth Street from "D" to "H" and Ida) Councilmember Jensen moved and Councilmember Frugoli seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1462. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. SECOND READING AND ADOPTION OF ORDINANCE NO. 1463, AMENDING TITLE 14 (ZONING CODE) BY ADDING SUBPARAGRAPH 14.75.020 k. TO CHAPTER 14.75, GENERAL PROVISIONS AND EXCEPTIONS P - vile IU -J x LUb The title of the Ordinance was read: "AN ORDINANCE AMENDING TITLE 14 (ZONING CODE) BY ADDING SUBPARAGRAPH 14.75.020 k. TO CHAPTER 14.75, GENERAL PROVISIONS AND EXCEPTIONS" 329 Councilmember Frugoli moved and Councilmember Breiner seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1463. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. SECOND READING AND ADOPTION OF ORDINANCE NO. 1464, AMENDING TITLE 10 (BUSINESSES CODE) BY ADDING SECTION 10.40.080 OUTSIDE USE PROHIBITED, TO CHAPTER 10.40 COIN-OPERATED AMUSEMENT DEVICES P1 - File 10-3 x 206 The title of the Ordinance was read: "AN ORDINANCE AMENDING TITLE 10 (BUSINESSES CODE) BY ADDING SECTION 10.40.080 OUTSIDE USE PROHIBITED, TO CHAPTER 10.40 COIN-OPERATED AMUSEMENT DEVICES" Councilmember Frugoli moved and Councilmember Miskimen seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1464. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. SECOND READING AND ADOPTION OF ORDINANCE NO. 1465, AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -C PLANNED COMMUNITY DISTRICT TO P -C PLANNED COMMUNITY DISTRICT Porto Bello West Unit 2 P1 - File 10-3 The title of the Ordinance was read: "AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFER- ENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -C (PLANNED COMMUNITY) DISTRICT TO P -C (PLANNED COMMUNITY) DISTRICT 'Porto Bello West Unit 2'" Councilmember Jensen moved and Councilmember Frugoli seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1465. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19. STATUS REPORT RE NEIGHBORHOOD 30 PLANNING PROCESS (Pl) - File 218 Planning Director Moore briefed the Council on developments since the Council received a petition from Neighborhood 30 residents requesting preparation of a neighborhood plan. Both the Council and the Planning Commission have indicated strong endorsement of preparation of such a plan. Ms. Moore recommended that Council approve staff preparing the Scope of Work and preliminary schedule and budget for the Neighborhood 30 Plan for submittal to the San Francisco Foundation by the end of August; and preparing a detailed staff report on the options available to the City for development review procedures appropriate during the period of grant submittal and plan preparation. Councilmember Miskimen moved and Councilmember Jensen seconded, to approve the staff recom- mendation regarding the preparations as outlined above. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. AGREEMENT FOR ARCHITECTURAL SERVICES RE PICKLEWEED PARK COMMUNITY CENTER (CM) - File 4-3-106 x 4-1-339 x 2-1-55 Councilmember Jensen moved and Councilmember Miskimen seconded, to adopt a Resolution author- izing an Agreement for Architectural Services with architect Andrew James Ring III, for the Pickleweed Park Community Center at a cost of $22,500 or $2,500 per month for nine months, to administer the construction contract, with additional services including redesign where neces- sary, in an amount not to exceed $8,000. RESOLUTION NO. 6586 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Jim Ring, AIA, for Architectural Services for Pickleweed Park Community Center) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 330 21. REPORT ON CLOSURE OF PT. SAN PEDRO ROAD DUE TO SLIDE NEAR BISCAYNE DRIVE (PW) - File 4-1-349 Council reviewed a staff report from Public Works Director Bernardi, informing them that San Pedro Road east of Biscayne Drive is currently closed due to two large landslides, one in County jurisdiction during the 1982 storm season and one in City jurisdication from the 1983 storm season. The road is impassable and will require grading onto the existing hillside in order to reestablish the roadway. It appears that right-of-way will need to be acquired from the adjoining property owners, namely New York -Cal Industrial Corporation and California State Parks. Since this roadway is a designated FAU route, it is eligible for full funding as a result of the disaster declaration by the President. Alternate roadways would not be funded, since the Federal funds are to be used only for repair of storm damage. Council agreed that this roadway should be reopened, since in the event of a major disaster it would be the only route open to Terra Linda if Highway 101 should be impassable. Councilmember Jensen moved and Councilmember Breiner seconded, to accept the staff recommend- ation that they be authorized to proceed with the preparation of Plans and Specifications for inclusion into the slide repair project, and to expend funds from unallocated reserves subject to final reimbursement from the Federal Government. AYES: COUNCILMEMBERS: Breiner, Frugol i , Jensen, Mi skimen & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Staff was also asked to look into possibility of a roadway over the hill to provide emergency exit from the Peacock Gap area in event of disaster. Such a roadway could also be used for walking and jogging. 22. REPORT RE FINANCING OPTIONS FOR CITY CAPITAL IMPROVEMENT NEEDS (CM) - File 8-5 Assistant City Manager Nicolai recommended to the Council that this detailed report be discussed at a separate workshop meeting, in the near future. She called their particular attention to paragraphs 3 and 4 on page 3 of the report, dealing with the Storm Drain Master Plan, and Streets, respectively. Council agreed to set a date for a workshop to discuss the report in more detail. 23. ADOPTION OF RESOLUTIONS CHANGING ONE-HOUR METERS TO TWO-HOUR METERS ON TAMALPAIS AVENUE AND OTHER CROSS STREETS DOWNTOWN; PHASE II PW - File 11-18 Public Works Director Bernardi informed the Council that the proposed resolutions implement changes to the metered on -street parking areas previously approved by the Business Improvement District. RESOLUTION NO. 6587 - ADDING TWO-HOUR PARKING METERS TO A PORTION OF TAMALPAIS AVENUE (West of the railroad tracks, between Third and Fourth Streets) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6588 - CHANGING ONE-HOUR LIMIT PARKING METERS TO TWO-HOUR LIMIT PARKING METERS (Various Downtown Locations) AYES: COUNCILMEMBERS: Breiner, Frugol i , Jensen, Mi skimen & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 24. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Assistant City Manager Nicolai reported on AB 469 - State Licensing of Day Care - which the Council had opposed. This was made into a two-year bill and will be held in Committee until January 1984 while a task force takes a further look at the issues involved. Ms. Nicolai reported that AB 1545 - Redevelopment - passed in the Senate Local Government Committee on Wednesday, July 13, 1983, and at the time of this report the League staff was unable to determine what revisions were made at that hearing. Council asked Ms. Nicolai to keep them advised of any developments on either of these bills. 331 ADD ITEM REPAIRS TO FOURTH STREET AT NORTHWESTERN PACIFIC RAILROAD TRACKS - File 117 (Verbal) Councilmember Jensen noted the need for street repair at the NWPRR tracks on Fourth Street. Public Works Director Bernardi informed the Council that Northwestern Pacific prohibits the City working within several feet of the tracks, but that they will be notified of the need for the repairs. CLOSED SESSION 25. The Council met in Closed Session to discuss pending litigation and labor negotiations, then reconvened in public and announced authorization for payment of Claim 3-1-753, MSI Insurance Co., for $637.50; and Claim 3-1-756, Jo Ann Holster, for $1,375. The City Council then adjourned to their next regular meeting on Monday, August 1, 1983. J E M. LEONCIN City Clerk APPROVED THIS '- DAY OF 1983 AYOR OFTHE ��TYOF A�RA`EL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, August 1, 198 3, at 7:45 PM. Special Joint Present: Lawrence E. Mu1ryan, Mayor/Agency Meeting: Chairman Dorothy L. Breiner, Councilmember/ Agency Member Gary R. Frugoli, Councilmember/ Agency Member Fred E. Jensen, Councilmember/ Agency Member John A. Miskimen, Councilmember/ Agency Member Also Present: Robert F. Beyer, City Manager/Executive Director; Jeanne M. Leoncini, City Clerk/Agency Secretary; Stewart Andrew, Assistant City Attorney/Assistant Agency Attorney RE: JOINT PUBLIC HEARING RE PG&E PROPERTY DISPOSITION AND DEVELOPMENT AGREEMENT FOR DEVELOPMENT OF EIGHT ACRES FOR THE PURPOSE OF CONSTRUCTING A HOUSING, COMMERCIAL, RETAIL AND OFFICE COMPLEX AT SECOND AND LINDARO STREETS EQUITEC ED --File R-231 x SRCC 4-4-4 REDEVELOPMENT AGENCY 1. Resolution Certifying Negative Declaration for a Disposition and Development Agreement with Equitec Financial Group 2. Resolution Determining Agency has Complied with Section 33433 of the California Health & Safety Code and Approving a Disposition and Development Agreement Chairman Mulryan declared the public hearing opened. Executive Director Beyer briefed the Agency on the Disposition and Development Agreement, stating that the development calls for 60,000 square feet of retail use, with 300 units of housing. The plan further calls for development to be in three phases with the retail and 100 units in Phase I, Phase II consisting of 100 units, and Phase III consisting of the balance of residential units. Chairman Mulryan inquired about the question which was raised previously regarding low and moderate income housing. He inquired to what extent the provision of low and moderate income housing is required in Mortgage Revenue financing. Agency Counsel Rosenthal replied that it would depend on whether what was being financed was for sale or rental, but if it is rental there is a requirement of 20% low and moderate income for at least ten years. If it is for sale there are restrictions in terms of the price of the units and who the buyers are. They either have to be first-time home buyers which basically push the units toward the lower end of the scale in terms of people who can afford to buy houses. Executive Director Beyer added that there is a specific provision in the Disposition and Development Agreement (D&D) for the Agency to assist Equitec in obtaining that type of financing. 332 Hans Kuhni, representing Equitec Financial Group, addressed the Agency, stating that his group j has been working closely with staff and with Mr. Rosenthal, and they are prepared to execute the Agreement as it has been presented to the Agency at this meeting. He stated that, on the housing issue, they have worked very closely with Ecumenical Association for Housing, with Mr. Bugbee, and they are in agreement as to how to proceed on the housing issue. Member Jensen stated he would like to see housing which City employees could afford, and Member Breiner asked for an example of what the price range would be. Mr. Kuhni replied that they would be in the neighborhood of $100,000 to $130,000 for one and two bedroom units. Also, as mentioned in the D&D Agreement, Equitec is anticipating using Mortgage Revenue financing on either a rental or a purchase basis, and the requirements of that type of financing are very explicit as to the type of income range which the renters need for qualifying for 20% of the housing on a rental basis, and the purchase restrictions for owner - occupants and first-time home buyers on the sale of the condominiums. Member Breiner inquired regarding the extension of the Mortgage Revenue financing by Congress before the deadline time, and Mr. Kuhni replied that the deadline is this December, but that legislation is already underway to extend it. However, Equitec plans to have their request in well before the deadline. Abraham Yang, representing the San Rafael Housing Corporation, referred to a letter he had addressed to the Agency, and mentioned that in the D&D there is no specific mention of low and moderate income housing. He mentioned that this site was one designated as a housing oppor- tunity site when the Housing Element was prepared in 1981, and he questioned the prices of $100,000 to $130,000 per unit as being "affordable", since qualifying salary would have to be much higher than the normal run of City employees' salaries, for example. He stated that the Housing Corporation is concerned that there is nothing spelled out in the D&D about affordable housing and he would like the Agency to take a policy position at this time on the matter. Executive Director Beyer informed the Agency that in reviewing this issue with Ecumenical Association for Housing (EAH), there were a number of options if the Mortgage Revenue financing does not work. One option discussed was the feasibility of using Community Development Block Grant (CDBG) funds to have the Housing Authority buy some of the units, to reach the same objective. The other possibility is that a portion of the property might end up being rental as opposed to purchase, since no final decision has been made on that as yet. Brad Hofmeister, Director of the San Rafael Housing Corporation, questioned the fact that it is assumed that the affordable housing will be tied in with the financing. If the financing does not go by way of affordable housing, then there is nothing in the Agreement to guarantee. He stated that in the Agreement, on page 2, under Section 1.1, there should be wording about affordable housing. It is on the Negative Declaration on page 5, but not in the Agreement. He feels that there is a danger that, if Equitec can get other types of financing, that if it is more profitable to them they will not put in affordable housing. For this reason, the Housing Corporation feels there should be wording in Section 1.1 to guarantee the affordable housing. Mr. Hofmeister suggested wording to the effect that "buildings consisting of approximately 60,000 square feet of retail uses and approximately 300 residential units, 20% of which are to be affordable, low income housing". William Bielser, representing Equitec, addressed the Agency, stating that this has come up in negotiations with Equitec, as it has in discussions with other developers in the past who have had exclusive right to negotiate, and in all of the discussions it was clear that this project would be bound by the requirements of the General Plan and its Housing Element, and even if the financing mechanism were not put in place to engender the low and moderate income housing, the planning and regulatory process would take care of that, because this project is not being approved for a building permit tonight, but must go through the long process before the Planning Commission and other bodies. Chairman Mulryan asked if the Equitec group would have any objection to having the provision in Section 1.1 read that development would be according to the General Plan. Mr. Bielser stated that the thinking all along has been that the General Plan governs the project, and he does not think it is necessary to put it in, but that he will confer with the other Equitec people. Member Breiner stated she would prefer that wording be included under Section 1.1 on page 2 of the D&D Agreement to the effect that in the event Mortgage Revenue bond financing is not used to implement this Agreement, that a certain percentage of the housing shall be sold or rented as low and moderate income units. She suggested that perhaps staff and the developers could get together and come back later this evening. Mrs. Breiner felt that just a reference to the General Plan might not be strong enough. Chairman Mulryan asked if the staff and developers would confer and come back with wording which has been agreed upon, for approval by the Agency. (Staff and developers left the meeting, and returned later with recommended revisions to Section 1.1, upon which all had agreed.) 333 Attorney Lee Rosenthal read proposed wording, which would be added to the end of the first paragraph of Section 1.1: "If Mortgage Revenue Bond financing as provided for in Section 2.3 (Bond Financing) is not achieved, it is the intent of the developer to make a good faith effort to provide affordable housing on the property consistent with the preliminary develop- ment plan submitted and approved by the Agency". Member Breiner then inquired about the actual figures being determined during the planning process, and was assured that would be done. Also, Mrs. Breiner asked about the inclusionary policy which was made recently in the form of an amendment to the Housing Element. Ms. Moore indicated that staff is obligated to negotiate with each and every developer of ten or more residential lots or units, for below market rate units within the project, so that would be part of the Planning review of the proposal. It is a voluntary program beyond that point; staff is mandated to initiate the negotiations, and Planning's track record in that regard is very good. Also, this developer has indicated intent to comply. Chairman Mulryan closed the Redevelopment Agency portion of the public hearing. Member Jensen moved and Member Frugoli seconded, to adopt a Resolution certifying a Negative Declaration for a Disposition and Development Agreement with Equitec Financial Group, as amended. RESOLUTION NO. 83-13 - CERTIFYING A NEGATIVE DECLARATION FOR A DISPOSITION AND DEVELOPMENT AGREEMENT WITH EQUITEC FINANCIAL GROUP (As Amended) AYES: MEMBERS: Breiner, Frugoli, Jensen, Miskimen & Chairman Mulryan NOES: MEMBERS: None ABSENT: MEMBERS: None RESOLUTION NO. 83-14 - DETERMINING AGENCY HAS COMPLIED WITH SECTION 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE AND APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH EQUITEC FINANCIAL GROUP (As Amended) AYES: MEMBERS: Breiner, Frugoli, Jensen, Miskimen & Chairman Mulryan NOES: MEMBERS: None ABSENT: MEMBERS: None CITY COUNCIL 3. Resolution Determining Agency has Complied with Section 33433 of the California Health & Safety Code and Approving a Disposition and Development Agreement Mayor Mulryan declared the City Council portion of the public hearing opened. There being no public input the hearing was closed. RESOLUTION NO. 6589 - DETERMINING AGENCY COMPLIANCE WITH SECTION 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE AND APPROVING A DISPOSITION AND DEVELOPMENT AGREE- MENT WITH EQUITEC FINANCIAL GROUP (As Amended) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None M. LEONCINA�CityClerk/ Agency Secretary APPROVED THIS S DAY OF 1983 LAWRENCE E. MULRYAN, Mayor/Agency Chairman *** *** *** *** *** *** *** *** 334 In the Council Chambers of the City of San Rafael, Monday, August 1, 1983, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Stewart Andrew, Assistant City Attorney CONSENT CALENDAR: Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Special Joint and Regular Meetings of July 5, 1983, and Regular Meeting of July 18, 1983 (CC) 2. Resolution of Appreciation for Dorothy E. Chuche, Retired Librarian (Lib) - File 102 x 9-3-61 3. Claims for Damages: a. Lisa and Farid Amari -Amir (PD) - File 3-1-797 b. Trevor W. Whitson (PW) - File 3-1-800 Recommended Action Approved as submitted. RESOLUTION NO. 6590 - RESOLUTION OF APPRECIATION FOR DOROTHY E. CHUCHE (Librarian, retired after 20 years' service) Approved R. L. Kautz & Co. recommend- ations for denial of claims. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 4. PRESENTATION OF RESOLUTION OF APPRECIATION TO DOROTHY E. CHUCHE, RETIRED LIBRARIAN (Lib) - File 102 x 9-3-61 Mayor Mulryan presented Dorothy E. Chuche with Resolution No. 6590 - Resolution of Appreciation, for twenty years' service at the San Rafael Library, and thanked her for her contribution of time and expertise to the City of San Rafael. 5. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION APPROVAL OF FILL PERMIT FOR LANDS OF GRANGE - . & PIOMBO PLACE;R R;INC./LELAND JORDAN, hr 7-cyu-lc Mayor Mulryan declared the public hearing opened. - riie lu-5 Planning Director Moore briefed the Council, stating that Cal -Pox, Inc., owner of San Quentin Disposal, has filed an appeal of the Planning Commission's approval of a fill permit for Fred Grange at Kerner Boulevard and Piombo Place, citing that the fill proposal is part of a larger project and action on this "phase" of the project is premature under the provisions of CEQA. Staff states that: 1) Granting of a fill permit is consistent with past City actions, and is consistent with the EIR prepared for the East San Rafael Redevelopment Plan and the Negative Declaration for the East San Rafael Wetlands Mitigation Plan; 2) Filling of the site is required regardless of the ultimate development approved for the property and does not limit further City discretionary actions regarding a heliport use; and 3) The granting of a fill permit is consistent with the agreement which has been signed by property owners who participated in the East San Rafael Wetlands Plan which stated that significant cash and land contributions would be made in exchange for the expedient granting of fill permits. Attorney Stephen McGee, representing Cal -Pox, spoke in the absence of attorney Leland Jordan, stating that the fill proposal is part of a larger project for development of a Heliport, and that consequently action by the Planning Commission on this phase of the project is premature under the provisions of CEQA. Mayor Mulryan informed Mr. McGee that neither the City Council nor the Planning Commission have taken action on the Heliport, and that the filling has to be done regardless of the ultimate use of the site. Councilmember Breiner added that the East San Rafael Plan anticipated this fill, and it has been mitigated. Mary Lou Jacobson, Fred Grange's real estate broker, informed the Council that when she brought the Heliport proposal to Mr. Grange he had already filed his application for the fill. Mr. Grange corroborated this statement. There being no further public input, the hearing was closed. 335 i Councilmember Breiner moved and Councilmember Jensen seconded, to uphold the Planning Commissions approval of the Use Permit and deny the appeal, and to direct staff to prepare an appropriate Resolution of findings for adoption at the August 15, 1983 meeting. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 6. PUBLIC HEARING - REZONING (Z83-11 - ZONE DISTRICT CHANGE FROM P -C -NG TO "O -NG"; THORNDALE R; AP 175-360-07 & 08 P1 - File 10-3 Mayor Mulryan declared the public hearing opened. Planning Director Moore informed the Council that during the Planning Commission's review of the Villa Marin project, staff noted that the two open space parcels, Lots 4 and 5, which surround the Villa Marin and Commerce Clearinghouse sites, should be merged with the developed parcels and restricted through open space easements. These areas were depicted as open space under the original Master Plan for Quail Hill, but were shown as separate lots in the final subdivision map for Quail Hill, without legal easements or deed restrictions defining their open space status. Lot consolidation would insure that the open space would always remain in b the same ownership as the developed portions of Quail Hill. Because the open space parcels are not owned by the owner of the Villa Marin project, the Assistant City Attorney stated that the w City could not compel such a consolidation. As an alternative, the Planning Commission initiated rezoning of these parcels, which have always been assessed for tax purposes as open space to the "O -NG" (Open Space) zoning classification. 7. PUBLIC HEARING - APPEAL OF BUILDING OFFICIAL'S ENFORCEMENT OF STATE MANDATED HANDICAPPED ACCESS REQUIREMENTS; 1800 LINCOLN AVENUE; PHILIP HIARING, OWNER; AP 11-065-20 PW - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works representative Strom informed the Council that an appeal has been filed seeking relief from State mandated requirements for handicapped access. Mr. Philip Hiaring is proposing minor renovations to his building at 1800 Lincoln Avenue, estimated to cost approximately $2,500. Access requirements would require the existing toilet room being enlarged, an access ramp installed, and a parking space be provided, estimated to cost approximately $15,000. The Marin Center for Independent Living and their representative do not feel that access improve- ments are warranted at this time. There being no public input, the hearing was closed. Councilmember Frugoli moved and Councilmember Jensen seconded, to uphold the appeal and direct staff to prepare an appropriate Resolution with findings for adoption at the August 15, 1983 meeting. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 8. STATUS REPORT ON POLLUTION IN SAN RAFAEL CANAL (Pl) - File 13-12 Planning Director Moore reported that an investigation into the problem of pollution in the San Rafael Canal has been initiated by the City and the County Health Department staffs. Recent water quality tests by the County resulted in posting of the Canal as unsafe for clamming and swimming. Numerous short and long term investigation and implementation measures are currently under way, and staff will report back to the Council periodically regarding the status of the work. There are three interns expected in October, and they will participate in the compre- hensive study. Councilmember Miskimen informed Ms. Moore that the San Rafael Sanitation District has been keeping records of the water quality in the Canal for some time, and suggested that she contact SRSD Director Rawles to obtain a copy. Councilmember Frugoli recommended exploring the possibility of at least one pump -out station for boats, to help curb the pollution. Ms. Moore informed the Council that only the newest boats, as a rule, have holding tanks. Staff will explore this aspect also. Ms. Moore noted, however, that a letter was just received from attorney Joseph Lemon, repre- IL-t Approval of Amendment to Minutes certain areas be exempted, for use as either parking -)E of Regular Meeting of August 1, 1983 ity. In view of this, Ms. Moore recommended that this matter (ToDmmission reflect that attorney Joseph Lemon for review and recommendation. Ms. Moore noted Department staff, representatives of Quail Hill, Inc., did was acting on behalf of Villa Marin, and not Quail Hill Dosed open space zoning. ro with regard to Item 6) Ln I1TCi-C CIC,i1tj TTw rw..-..� ..-.,_._._., eari ng was closed. H Council, after discussion, agreed to approve the staff recommendation that the matter be referred back to the Planning Commission for review and recommendation. 7. PUBLIC HEARING - APPEAL OF BUILDING OFFICIAL'S ENFORCEMENT OF STATE MANDATED HANDICAPPED ACCESS REQUIREMENTS; 1800 LINCOLN AVENUE; PHILIP HIARING, OWNER; AP 11-065-20 PW - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works representative Strom informed the Council that an appeal has been filed seeking relief from State mandated requirements for handicapped access. Mr. Philip Hiaring is proposing minor renovations to his building at 1800 Lincoln Avenue, estimated to cost approximately $2,500. Access requirements would require the existing toilet room being enlarged, an access ramp installed, and a parking space be provided, estimated to cost approximately $15,000. The Marin Center for Independent Living and their representative do not feel that access improve- ments are warranted at this time. There being no public input, the hearing was closed. Councilmember Frugoli moved and Councilmember Jensen seconded, to uphold the appeal and direct staff to prepare an appropriate Resolution with findings for adoption at the August 15, 1983 meeting. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 8. STATUS REPORT ON POLLUTION IN SAN RAFAEL CANAL (Pl) - File 13-12 Planning Director Moore reported that an investigation into the problem of pollution in the San Rafael Canal has been initiated by the City and the County Health Department staffs. Recent water quality tests by the County resulted in posting of the Canal as unsafe for clamming and swimming. Numerous short and long term investigation and implementation measures are currently under way, and staff will report back to the Council periodically regarding the status of the work. There are three interns expected in October, and they will participate in the compre- hensive study. Councilmember Miskimen informed Ms. Moore that the San Rafael Sanitation District has been keeping records of the water quality in the Canal for some time, and suggested that she contact SRSD Director Rawles to obtain a copy. Councilmember Frugoli recommended exploring the possibility of at least one pump -out station for boats, to help curb the pollution. Ms. Moore informed the Council that only the newest boats, as a rule, have holding tanks. Staff will explore this aspect also. 336 9. Council asked for an updated report on the matter at the first meeting in September. (At this point, the City Council reconvened to the Special Joint meeting, Redevelopment Agency and City Council, and took action on the Equitec matter. Please see separate minutes of that meeting.) ISSUE OF ALLOWING SKATEBOARDS AND ROLLER SKATING ON STREETS WITHIN THE CENTRAL BUSINESS DISTRICT - File 11-27 Councilmember Breiner asked that action be taken to control roller skating and skateboards on sidewalks at least in the downtown area. Mrs. Breiner reported that she had an unpleasant experience in this regard, as did at least one City employee, and that there are countless others who have almost had collisions because of the skates and skateboards on sidewalks. Mrs. Breiner asked if the Police Department could take action in this regard, and include bicycles in their action. Mayor Mulryan asked Police Chief Ingwersen for his comments, and whether any other cities have adopted ordinances to control this situation. Chief Ingwersen responded that about four to six years ago there was a proposed ordinance but it did not get past the Planning Commission to the Council. At the present time, the California Vehicle Code is the only regulatory authority with regard to bicycles and skateboards, and it only applies on the streets, not the sidewalks. There are no regulations in this regard which apply to sidewalks. Other cities have enacted ordinances, ranging from complete abolition of such use on sidewalks to modified usage, allowing it in residential areas and restricting it in commercial areas. Mayor Mulryan asked Chief Ingwersen to come back to the Council with a suggested approach, prohibiting or at least severely regulating bicycling, skateboarding and roller skating in the crowded downtown areas, at least during certain hours. Mayor Mulryan expressed the opinion that this should be allowed in residential areas, to keep the children off the streets. In discussion, it was agreed that mixed residential and commercial, such as the Canal area, would be exempted from such regulations. Councilmember Frugoli inquired if the meter enforcement personnel could enforce such regu- lations, and Chief Ingwersen replied that if an Ordinance is adopted they could enforce it, and that this should work out very well because they would be in the area all of the time. 10. APPROVAL OF VEHICLE REPLACEMENT SCHEDULE FOR FY 1983/84 (GS) - File 9-3-12 Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the Vehicle Replacement Schedule for FY 1983/84 as proposed. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. REQUEST FOR AUTHORIZATION TO PARTICIPATE IN DISCUSSIONS RE PURCHASING OF STREET LIGHT SYSTEM FROM PG&E PW - File 4-4-6 x 11-4 City Manager Beyer briefed the Council on the questions of purchasing the street light system from the PG&E. Staff has contacted the cities which have already done so, and they have indicated that it was advantageous to have a group of cities approach PG&E as opposed to a single jurisdiction. The question of purchasing the street lights on a Countywide basis has been discussed by the City Managers of the County, and they felt that it was advantageous to further pursue this question, and have delegated this responsibility to their respective Public Works Directors. Staff is therefore recommending adoption of a Resolution in this regard. RESOLUTION NO. 6591 - AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO NEGOTIATE AN AGREEMENT FOR THE PURCHASE OF STREET LIGHTING FACILITIES AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. REPORT FROM CITY MANAGER RE IMPACT OF STATE BUDGET ADOPTION ON CITY OF SAN RAFAEL (CM) - File 8-5 City Manager Beyer reported to the Council that when the State budget was signed by the Governor last week, the action impacted the City of San Rafael by a loss of approximately $400,000 over that anticipated in the 1983/84 fiscal year budget tentatively approved by the Council. The City budget had already anticipated the loss in State subventions of $657,000; however, the budget adopted, along with the trailer bill, will cause the loss of $1,056,136, or $339,136 more than had been anticipated. 337 Mr. Beyer gave details of the impact of this loss, and recommended that the Council not adopt I the final budget until salary negotiations have been completed. If this occurs within the next thirty days, it is staff's recommendation that the budget then be adopted and, depending upon what happens with the State Legislature in September, and if the deflator goes into effect without the local sales tax option, staff would present specific recommendations to the Council for budget reductions in order to have a balanced budget for the remaining nine months of the Fiscal Year. Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the staff recom- mendation as outlined. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The Council adjourned to their next regular meeting on August 15, 1983. A E M. LE CINI, City Clerk APPROVED THIS %S DAY OF 1983 'MARYY OR F HE CI Y F SAN R F *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, August 15, 1983, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR: Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Special Joint Meeting of June 8, Special and Special Joint Meetings of June 28, Special Joint Meetings of June 29, July 18 and August 1, and Regular Meeting of August 1, 1983 (CC) 2. Change in Meeting Date Due to Labor Day Holiday September 5, 1983 (CC) - File 9-1 3. Statements of Disclosure - Redevelopment CAC Members (CC) - File 9-4-4 x R-140 (CAC) 4. Planning Department 1983/84 Work Program (P1) - File 9-3-17 5. Authorization to Call for Bids - Clorinda Avenue and Los Robles Drive Storm Drain Replacement (PW) - File 4-1-350 6. Resolution of Findings re Appeal of Handi- capped Access Requirements - 1800 Lincoln Ave. (PW) - File 13-1-1 Recommended Action Approved as submitted. Changed meeting date to Tuesday, September 6, 1983, due to Labor Day Holiday on Monday, September 5, 1983. Accepted Statements of Disclosure from Redevelopment CAC members Jane Little and Abraham Yang. Accepted report. Approved call for bids, estimate $20,000, budgeted from Revenue Sharing Funds. RESOLUTION NO. 6592 - CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS - 1800 LINCOLN AVENUE (Handicapped Access) 8. Set Public Hearing on Appeal of Handicapped Access Requirements - 1010 "B" Street (PW) - File 13-1-1 9. Request to Change Vendors for Removal of Dead Wildlife (GS) - File 4-3-107 10. Ratification of Agreements re Advance Life Support and Basic Life Support Emergency Ambulance Service (Paramedic), for CSA #13 and CSA #19 - File 4-13-56 11. Claim for Damages - Kenneth L. Houck (PW) - File 3-1-791 12. Resolution of Findings - Upholding Planning Commission Approval of Fill Permit for Lands of Grange (P1) - File 10-5 Approved staff recommendation to set public hearing on handicapped access requirements for Tuesday, September 6, 1983. RESOLUTION NO. 6594 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREE- MENT (W/Marin Pet Accommodation Services for removal of dead wildlife - through September 1, 1984, unless terminated upon 30 days' written notice by either party) RESOLUTION NO. 6595 - RATIFYING JOINT POWERS AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND COUNTY SERVICE AREAS 13 AND 19 (For Paramedic Services, thru FY 1984/85) Approved R. L. Kautz & Co. recommend- ation for denial of claim. RESOLUTION NO. 6596 - UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A FILL PERMIT FOR THE LANDS OF FRED GRANGE AT THE SOUTHEAST END OF KERNER BOULEVARD AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Jensen, only with regard to approval of minutes of meeting of June 8, 1983. 7. EXTENSION OF TIME - DOMINICAN ESTATES SUBDIVISION (PW) - File 5-1-259 City Manager Beyer informed the Council that he removed this item from the consent calendar for discussion, since it has been brought to his attention that there is concern about drainage in the subject area. Mr. Beyer recommended that the extension of time be approved subject to the necessary drainage improvements being made. Land Development Engineer Strom explained that corrective work is needed at the stub end of Linden Lane. The contractor has made a commitment to do the work, so staff feels that the extension of time should be granted, with the condition that this work be done before the rainy season commences. Councilmember Miskimen recommended making a firm date for completion of the work, since early rain has been forecast. After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to approve staff recommendations regarding extension of time for subdivision improvements to August 19, 1984, to include under recommended improvements that the drainage improvements be installed by October 15, 1983. RESOLUTION NO. 6593 - EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK IN DOMINICAN ESTATES SUBDIVISION (To include drainage improvements by October 15, 1983) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. PUBLIC HEARING - CIVIC CENTER NORTH REORGANIZATION (ANNEXATION); FIRST NATIONAL STATE BANK OF NEW JERSEY, PETITIONER; AP 179-270-10, 180-121-30, 31, 32 & PTR. 155-230-06 AND 07 P1 - e b -L -bb x IU - Mayor Mulryan declared the public hearing opened, and announced that this public hearing is being held as directed by the Local Agency Formation Commission (LAFCo), since the First National State Bank of New Jersey has petitioned LAFCo for annexation of its 90 -acre develop- ment site which is known as Civic Center North to the Las Gallinas Valley Sanitary District and of a 10 -acre portion of the site to the City of San Rafael. There being no public input, the hearing was closed. RESOLUTION NO. 6597 - ORDERING THE CIVIC CENTER NORTH REORGANIZATION (Annexation) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 339 14. PUBLIC HEARING - TWO APPEALS OF PLANNING COMMISSION DECISION: UP80-6(b); AMENDMENT TO PERMIT 1. USE OF MARIN SANITARY SERVICE TRANSFER STATIUN; 1050 ANDERSEN DRIVE; MARIN SANITARY SERVICE, INC., OWNER; GUIDO ZANOTTI & ALBERT BIANCHI, REPS.; AP 18-181-35 & 18-143-07 P1 - File 10-5 r— a. Appeal from Fred Grange b. Appeal from Said Mokhtarzadeh Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed the Council, indicating that in June the Planning Commission had conditionally approved a use permit amendment which would allow Marin Sanitary Service to commence public use of its transfer station on Jacoby Street on or after October 1, 1986. That decision was appealed by Fred Grange, owner of Grange Debris Box and Wrecking Company, who requested that the use permit be modified to allow other scavenger companies, including Mr. Grange's company, to use the transfer station prior to October 1, 1986. The decision was also appealed by Said Mokhtarzadeh, who owns undeveloped property near the site, south of Jacoby Street, known as "Bartel Ridge", who has stated that the traffic impact on Jacoby Street and the surrounding properties has not been adequately determined. Staff has studied the traffic problem, and Condition (a) of the use permit states that after City analysis of the cumulative effects of traffic in East San Rafael the use permit may be modified to disallow public usage on weekdays after 3:45 PM. At that time, traffic mitigation fees for peak hour trip generation may be required or the hours of operation restricted. Also, Condition (d) states that if at any time in the future if queuing at the entrance to the site becomes a problem in the opinion of the City Traffic Engineer, the City retains the right to reopen the use permit for additional analysis and action. Staff feels that with these con- ditions, the traffic situation is adequately addressed. Attorney Albert Bianchi, representing Marin Sanitary Service, recommended that a Condition (g) be added to the use permit, to read: "At any time within one year from the date the facility is opened to the public, the City shall have the right to require the installation of additional ingress and egress off Andersen Drive if traffic conditions warrant, and the applicant shall in the meantime reserve sufficient property for that purpose". Attorney Dennis McQuaid spoke on behalf of Fred Grange, stating that if Mr. Grange were permit- ted to use the facility before the October 1, 1986 date it would not create a particular traffic problem. He stated that another facility would provide competition to the existing dump, and would help to control their unregulated prices. Mr. McQuaid recommended addition of another condition which would permit major users such as Fred Grange the right to start dumping at the facility immediately, and the general public to dump at a time the City feels is appropriate. Attorney Leland H. Jordan, representing San Quentin disposal, informed the Council that he feels this is a procedural question, since this use permit in question was approved for Marin Sanitary Service and they are satisfied with the conditions. Mr. Jordan indicated that the Solid Waste Disposal Plan specifically states that the plan will go into effect after completion of fill at San Quentin. Attorney Joseph Lemon, representing Said Mokhtarzadeh, stated that basically what he is asking at this time is not a remedy, but to have a piece of land reserved to handle traffic problems. There being no further public input, the hearing was closed. Councilmember Jensen moved and Councilmember Frugoli seconded, to adopt a Resolution denying the appeals and sustaining the position of the Planning Commission, with the addition of Condition (g) as recommended by attorney Albert Bianchi. Under question, Mayor Mulryan indicated he would like to refer the matter back to the Planning Commission for an EIR. RESOLUTION NO. 6598 - UPHOLDING THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF UP80-6(b) AND DENYING THE APPEALS (Including addition of Condition (g)). AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Miskimen NOES: COUNCILMEMBERS: Mayor Mulryan ABSENT: COUNCILMEMBERS: None Councilmember Miskimen moved and Councilmember Breiner seconded, to ask the Planning Commission to analyze the question of allowing debris box operators, including garbage companies, the ability to use the transfer station prior to October 1, 1986. AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli & Jensen ABSENT: COUNCILMEMBERS: None 340 `i i. ►[ ]��:rH:r1�■7:7VIM: Iu17:�iI1]71�13;���L`<[��7�1:7ii Ilia I fl� • • ► • • —uuu--�)c kris — e lu- Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed the Council, indicating that Supercuts has requested rezoning of the subject property in order to utilize the existing office building at 555 Northgate Drive as an administrative headquarters and haircutting shop. The rezoning to C -1 -NG is requested because the haircutting shop use is not permitted under the current A -P -NG zoning. The 24,200 gross square foot office building would be modified to include an 800 square foot haircutting facility. The shop has been proposed as a demonstration shop primarily for prospective franchisees, but would be open to the general public, and would consist of seven haircutting stations with eight employees. Hours of operation would be 9:00 AM to 6:00 PM, or 10:00 AM to 7:UO PM, five days a week. Staff found that this zoning change would be inconsistent with the Northgate Activity Center Plan in that the proposed shop use would generate 25 to 38 additional PM peak hour trips which were not allocated to the property under the Plan. Also, the proposed rezoning would result in the establishment of an intense service use which is not appropriate for the site, given the site's proximity to residential uses because the proposed use would increase parking demand, parking turnover and, therefore, noise which would adversely affect adjacent single family residents. Mayor Mulryan inquired about a change in hours, and Ms. Moore replied that staff had attempted to get the applicant to modify the hours to times outside the peak hours, but they refused. Mayor Mulryan asked Muriel Ray, representing Supercuts, about changing hours, and she stated that they were not adamant on changing the hours, and actually had wanted 8:30 AM to 5:00 PM, but the hours could be shortened. She stated that the traffic served would be people on their way home, and people in the area who will stop by. She stated they would like to be open on weekends also. Councilmember Breiner asked why eight chairs are needed if the area is strictly for demon- strating, and it was explained that this is for the purpose of demonstration how a shop works, and fewer than seven chairs would not work. Mayor Mulryan recommended continuing the hearing to the next Council meeting to allow time to work out hours of operation which will not require a zone change. Ms. Moore remarked that weekend hours would be critical, too, if they are added. Rev. Douglas Huneke of 9 Sao Augustine Way, informed the Council that in addition to the eight chairs being requested for upstairs, Supercuts already has six chairs downstairs, and he feels they do not have sufficient off-street parking for that many clients. When their parking lot becomes crowded, people park under the trees which are adjacent to the homes on Sao Augustine Way. Also, as is mentioned in the letter which Rev. Huneke presented to the Council, Supercuts did not demonstrate good faith with its neighbors when they failed to request their input or critique of the proposal. The letter was signed by 14 residents of the area. Wm. Gwynne of 5 Sao Augustine Way, corroborated the Rev. Huneke's statements. The public hearing was continued to the meeting of September 19, 1983, to allow time for staff, Supercuts and neighborhood representatives to try to work out the problems, including hours and parking. 16. STATUS REPORT ON: (PW) a. NEW PARKING GARAGE - File 140 x SRRA R-195 Council reviewed a report indicating that the structure is being under utilized since being opened for public use on July 18, 1983. However, several upcoming events will be used to help promote the garage, among them the Elks Parade, BID "Back to School" Sale, both of which will be held in September. Councilmember Breiner suggested bike racks in at least one parking stall, installation of a telephone booth, and a City map placed at or near the exit so people will be directed toward some of the highlights. The map could be glassed -in. Mrs. Breiner also suggested publicity, so the public would be more aware of the existence of the facility. Mrs. Breiner also mentioned that since the walls were not prestressed, there should be a record of that fact so that when, eventually, the building may be demolished some time in the future there would be awareness of that fact, since walls which were not prestressed tend to explode when being demolished. 341 b. USE OF VIADUCT PARKING LOTS - File 4-8-14/15 x SRRA R-61 Council reviewed and accepted a staff report regarding utilization of commuter parking spaces under the Highway 101 Viaduct. At the request of Council, staff had contacted CalTrans regarding the possibility of utilizing unoccupied spaces after 10:00 AM. The reason for this inquiry is due to the high vacancy rate, although all spaces are rented, and it was felt the spaces could be better utilized by local businesses. Mr. Marty McCarthy of CalTrans informed staff that the terms of the City's lease with CalTrans informed staff that the terms of the City's lease with CalTrans specifically prohibit the use of these parking spaces for anything other than commute parking, and the only circumstance under which non -commuter parking could be allowed would be if all commuters on the waiting list have been taken care of and there is no demand by commuters for these spaces. (At present there are at least 100 people on the waiting list.) Mr. McCarthy indicated that if the City chose to permit non -commuter parking, CalTrans would seriously consider cancelling all of the leases under the Viaduct, and converting these lots to free park-and-ride facilities similar to the one located at Lucas Valley Interchange and one currently under construction at Lincoln Avenue and Fair Drive. It was pointed out that the current lease expires in 1987. Staff's recommendation was for the Council to reopen discussions with CalTrans regarding parking for businesses after the lease expires. 17. STATUS REPORT RE SAN FRANCISCO FOUNDATION GRANT PROPOSAL FOR NEIGHBORHOOD 30 PLAN (P1) - File 218 (Councilmember Jensen left during discussion) Council reviewed a status report regarding Neighborhood 30, in connection with preparation of a grant request to the San Francisco Foundation for preparation of the Plan. Councilmember Miskimen commented on the size of the area encompassed in the Plan, and the fact that it includes the industrial areas which results in diverse uses. Planning Director Moore indicated that this was the area included in the original request for approval of a Neighbor- hood 30 Plan. Mayor Mulryan added that it is because of traffic patterns which affect the neighborhood, that the larger area was included. Council asked that staff furnish them with copies of the overall plan, so they can determine if a special meeting will be needed to discuss it. RESOLUTION NO. 6599 - AUTHORIZING THE SIGNING OF A GRANT APPLICATION (To San Francisco Foun- dation for grant funds not to exceed $100,000) AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 18. REPORT ON HEALTH PLAN COVERAGE FOR RETIRED EMPLOYEES (CM) - File 7-9 Council discussed report by Assistant City Manager Nicolai, indicating recent rises in health care costs, and the fact that over the past several years an inequitable situation has developed whereby retired employees can be receiving a City contribution to their health plan coverage in excess of that received by active employees. Also, to deal with the long range effort of cost containment for the entire health care program, staff is recommending that Council adopt as policy that every three years interviews be held with interested brokers to select the broker most able to provide the needed service and creativity in handling the City's program. Further staff recommendations are: 1) That effective December 1, 1983, the City contribution to a retiree's health plan coverage be limited to the dollar amount given to employees of their former unit; and that retirees be contacted annually and required to re-establish their desire for health coverage for themselves and dependents; 2) That the group of early retirees and retirees over 65 years who cover dependents under 65 years, currently on the Blue Cross Plan, be transferred to the Aetna Plan effective September 1, 1983, with the City covering the costs until December 1, 1983, when recommendation #1 takes effect; and 3) That during the month of October, interviews be held with brokers interested in servicing the City's account to determine which broker is able to provide the highest level of service and creative ideas in cost con- tainment of the health program; and it is further recommended that representatives from the City's bargaining units be included in this process and effort. Ms. Nicolai indicated she intends to explore the possibility of having employees who retire and then have other employment which pays for a health plan, to sign off on the City's health plan for the period in which they are covered elsewhere, and then sign up again when the other employment is ended. This would be a cost-saving factor for the City. After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the staff recommendations, with the provision that future savings discussed will be considered. 342 AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen (Councilmember Jensen returned) 19. APPROVAL OF FINAL MAP - SHORELINE INDUSTRIAL PARK SUBDIVISION (FORMERLY BAY PARK SUBDIVISION; PW - File 5-1-241 Land Development Engineer Strom informed the Council that Cal -Pox, Inc. has filed two final maps for the Bay Park Subdivision located on Francisco Boulevard East. This is now called Shoreline Industrial Park Subdivision, and actually consists of: A subdivision of 27 lots on 50 acres of bayfront property; and a subdivision of four lots on an adjacent 8.5 acres fronting Francisco Boulevard East. The tentative map for the first subdivision was approved by the Planning Commission in October of 1978, and the second subdivision in February of 1982. The parcel map for the four -lot subdivision requires Council approval because it involves dedi- cations of road rights-of-way and nine acres of off-site mitigation in Northgate. Mr. Strom further informed the Council that the final maps are consistent with the tentative and parcel map approvals, and that all conditions of approval have been met. Also, it is the intent of the owner to construct the subdivision in three phases, and the construction of required improvements will be secured by assessment district proceedings. If, after the first phase is completed, phases 2 and 3 do not proceed in an orderly fashion, the remainder of the subdivision will be reverted to acreage. Attorney Dennis McQuaid, representing Fred Grange, asked that the final maps not be approved at this time, since there is a voluminous report he has not had time to study, and he is concerned about methane gas and other hazards. Jack McDonough of Neighborhood 30 stated there is need for public input, as did Kathy Campbell of the Canal Community Alliance. The property owner, Bruce Bernhard, stated that this project was under way for many years, and is not a new idea. City Manager Beyer added that the time to give input was five years ago, when protests would have been in order. RESOLUTION NO. 6600 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "SHORELINE INDUSTRIAL PARK" (FORMERLY "BAY PARK") AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6601 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "SHORELINE INDUSTRIAL PARK II" (FORMERLY "BAY PARK") AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT I (PW) - File 6-38 a. Petition - Filed. b. Certificate of Petition - Filed. C. Resolution Approving Petition RESOLUTION NO. 6602 - RESOLUTION ACCEPTING PETITION - SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT I AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None d. Boundary Map - Filed. e. Resolution Approving Boundary Map RESOLUTION NO. 6603 - RESOLUTION APPROVING BOUNDARY MAP - SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT I AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None f. Resolution Approving Agreement for Engineering Services RESOLUTION NO. 6604 - RESOLUTION APPROVING AGREEMENT FOR ENGINEERING SERVICES - SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT I (W/Hoffmann & Albritton) 343 AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None g. Resolution Approving Agreement for Legal Services RESOLUTION NO. 6605 - RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES - SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT I (W/Sturgis, Ness, Brunsell & Sperry) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None h. Resolution of Preliminary Determination to Undertake Special Assessment Proceedings and Setting Time and Place of Hearing RESOLUTION NO. 6606 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS AND SETTING TIME AND PLACE OF HEARING THEREON - SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT I (Setting Tuesday, September 6, 1983, at 8:00 PM in San Rafael City Hall Council Chambers) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT II (PW) - File 6-39 a. Petition - Filed. b. Certificate of Petition - Filed. c. Resolution Approving Petition RESOLUTION NO. 6607 - RESOLUTION ACCEPTING PETITION - SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT II AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None d. Boundary Map - Filed. e. Resolution Approving Boundary Map RESOLUTION NO. 6608 - RESOLUTION APPROVING BOUNDARY MAP - SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT II AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None f. Resolution Approving Agreement for Engineering Services RESOLUTION NO. 6609 - RESOLUTION APPROVING AGREEMENT FOR ENGINEERING SERVICES - SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT II (W/Hoffman & Albritton) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None g. Resolution Approving Agreement for Legal Services RESOLUTION NO. 6610 - RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES - SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT II (W/Sturgis, Ness, Brunsell & Sperry) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None h. Resolution of Preliminary Determination to Undertake Special Assessment Proceedings and Setting Time and Place of Hearing 344 RESOLUTION NO. 6611 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS AND SETTING TIME AND PLACE OF HEARING THEREON - SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT II (Setting Tuesday, September 6, 1983, at 8:00 PM in San Rafael City Hall Council Chambers) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 22. SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT III (PW) - File 6-40 a. Petition - Filed. b. Certificate re Petition - Filed. c. Resolution Approving Petition RESOLUTION NO. 6612 - RESOLUTION ACCEPTING PETITION - SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT III AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None d. Boundary Map - Filed. e. Resolution Approving Boundary Map RESOLUTION NO. 6613 - RESOLUTION APPROVING BOUNDARY MAP - SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT III AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None f. Resolution Approving Agreement for Engineering Services RESOLUTION NO. 6614 - RESOLUTION APPROVING AGREEMENT FOR ENGINEERING SERVICES - SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT III (W/Hoffmann & Albritton) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None g. Resolution Approving Agreement for Legal Services RESOLUTION NO. 6615 - RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES - SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT III (W/Sturgis, Ness, Brunsell & Sperry) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None h. Resolution of Preliminary Determination to Undertake Special Assessment Proceedings and Setting Time and Place of Hearing RESOLUTION NO. 6616 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS AND SETTING TIME AND PLACE OF HEARING THEREON - SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT III (Setting Tuesday, September 6, 1983, at 8:00 PM in San Rafael City Hall Council Chambers) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 23. HIGHWAY 101 SOUNDWALL DESIGN RECOMMENDATIONS P1) - File 11-16 Mayor Mulryan left meeting - Vice -Mayor Jensen presided) Planning Director Moore briefed the Council on the design, stating that the soundwalls need to be attractive on both sides. The Design Review Board concluded that the most attractive soundwall for San Rafael would be a medium brown, scored, split -face concrete (or concrete appearing) wall identical on both sides. Such a design is similar to the Hospital Curve soundwall on Highway 101 in San Francisco. The Board recommended a lighter brown horizontal accent band, consistent colors, a tinted jersey guard if color uniformity can be guaranteed, a wall cap, stepped end treatments and special retaining wall treatments. 345 RESOLUTION NO. 6617 - RECOMMENDING APPROVAL OF PROPOSED HIGHWAY 101 SOUNDWALL DESIGN AND LANDSCAPING RECOMMENDATIONS AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Vice -Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 24. CONSIDERATION OF CHANGE OF FIRM TO HANDLE LIABILITY CLAIMS ADMINISTRATION (CM) - File 4-10-177 Assistant City Attorney Andrew briefed the Council, indicating that Mr. Bill Benson of R. L. Kautz & Company has informed the City that he will be working for George Hills Company effective August 19, 1983. In addition, R. L. Kautz & Company informed the City that it is discontinuing its liability claims administration program, and has exercised its sixty-day notice of ter- mination right, under its contract with the City. Kautz' Workers Compensation claims admin- istration program is not affected by this act. Mr. Andrew reported that the George Hills Company is a highly regarded liability claims admin- istrator among governmental entities in Northern California, and they have offered to keep Mr. Benson on the San Rafael account if the City decides to execute a contract for George Hills for essentially the same service which it now contracts with R. L. Kautz. It has developed that George Hills Company will provide an additional series of seminars for City staff, concen- trating on how to avoid liability claims. RESOLUTION NO. 6618 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/George Hills Company, Inc., for Liability Claims Administration, to and including January 3, 1985. Contract to be terminated by either party upon 30 days' written notice.) AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Vice -Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan (Mayor Mulryan returned) (Councilmember Frugoli left meeting) ADD ITEM SAN RAFAEL CANAL POLLUTION (Verbal) - File 13-12 Planning Director Moore gave a verbal report on the results of recent tests of the water in certain areas of the San Rafael Canal. The tests indicated extremely high contamination in various areas tested. Further report will be made at the September 6, 1983 meeting. CLOSED SESSION 25. The Council adjourned to closed session to discuss pending litigation and labor negotiations. A M. L ONCIN`, City Clerk APPROVED THIS i-A;t DAY OF 1983 OR OF THE CITY OF SAN RAFAEY *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Tuesday, September 6, 1983, at 7:00 PM. Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Planning Commission: Michael J. Smith, Chairman Albert J. Boro, Commission Member Robert E. Hoffmann, Commission Member Bob Livingston, Commission Member Richard M. Norman, Commission Member John A. Starkweather, Commission Member Maynard H. Willms, Commission Member 346 RE: TO REVIEW THE PROPOSED YMCA PROJECT - File 10-2 The Council and Planning Commission heard a presentation from YMCA Board Member John Hammond, describing the proposed facility at Lucas Green, adjacent to the Fireman's Fund installation. Mr. Hammond informed the Council/Commission that Fireman's Fund has agreed to donate the three -acre site for the 45,000 square foot recreation center if there is a solid showing of community support. The value of the facility would be approximately $5,800,000. After discussion, and questions by Councilmembers and Commissioners, Councilmember Frugoli moved and Councilmember Jensen seconded, to provide the YMCA with a letter giving the Council's conceptual approval, with the understanding that the project would have to go through the normal review and permit process. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None �EYNNE M. LEONCINI,, City Clerk APPROVED THIS 19 DAY OF 1983 MAYOR OF THE CITY OF SAN RAFA L *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Tuesday, September 6, 1983, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes: (CC) a. Approval of Minutes of Regular Meeting of August 15, 1983 b. Approval of Amendment to Minutes of Regular Meeting of August 1, 1983 (To reflect that attorney Joseph Lemon was acting on behalf of Villa Marin, and not Quail Hill with regard to Item 6) c. Approval of Minutes of Parking Authority Special Meeting of January 18, 1982 2. Statement of Disclosure - Redevelopment Program Manager (CC) -.File 9-4-3 3. Resolutions of Appreciation For: (PD) a. John F. Riordan, Retired Police Sergeant - 21 1/2 Years of Service b. David L. Vargo, Retired Police Corporal - 23 Years of Service File 102 - 9-3-30 Recommended Action Approved staff recommendations. Accepted statement of Disclosure - Howard W. Ours, Redevelopment Program Manager RESOLUTION NO. 6619 - RESOLUTION OF APPRECIATION (Police Sergeant John F. Riordan, Retired) RESOLUTION NO. 6620 - RESOLUTION OF APPRECIATION (Police Corporal David L. Vargo, Retired) 4. Extension of Time - Ceccotti Tract Subdivision (PW) - File 5-1-200 5. Bid Opening and Award of Contract - Traffic Signal Mast Arms at Second and Third Streets (PW) - File 4-1-343 6. Resolution Authorizing Execution of Agreement between City of San Rafael and Marinwood Community Services District re Advance Life Support Service (Paramedic) (FD) - File 4-13-56 7. Setting of 1983/84 Tax Rate (Fin) - Pilo Q-19-1 8. Claim for Damages - Bruce L. Williams (PD) - File 3-1-806 9. Setting Public Hearing for Proposed Exchange of Property with San Rafael Sanitation District (CM) - File 2-17 10. Request for Approval to Close Fourth Street between Mary Street and the Salvation Army Parking Lot for Grand Opening - September 8, 1983 (CM) - File 11-19 11. Request to Designate the County of Marin as Agent for Service of Process and the Defense of Litigation Entitled: Southern Pacific Transportation Company, et al, v. City of San Rafael No. 810433 (CA) - File 3-2-47 12. Award of Bid - Three New Kawasaki Motor- cycles for Police Department (GS) - File 4-2-182 347 �m RESOLUTION NO. 6621 - EXTENDING TIME FOR COMPLETION OF IMPROVEMENT WORK IN CECCOTTI TRACT SUBDIVISION (To & including September 1, 1984) RESOLUTION NO. 6622 - AWARD OF CONTRACT -# Traffic Signal Mast Arms, Project No. 19-998969000, to Community Electric, Inc., Low Bidder @ $43,251.94. RESOLUTION NO. 6623 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREE- MENT - W/Marinwood Community Services District - Joint Powers Agreement for Paramedic Service through June 30, 1987. No later than May 1, 1986, City to meet w/CSD to negotiate services for FY 1987/88 and beyond. RESOLUTION NO. 6624 - FIXING THE RATE OF TAXES FOR FY 1983/84 - Fixing rate at $.015 for payment of principal & interest on general obligation Sewer Bonds, on Open Space Bonds, and Terra Linda Recreation District Bonds assumed by City January 1, 1973. RESOLUTION NO. 6625 - FIXING THE RATE OF TAXES FOR FY 1983/84 - Fixing rate at $.010 for payment of principal & interest on general obligation Open Space Bonds and Terra Linda Recreation District Bonds assumed by City. Approved R. L. Kautz & Co. recommend- ation for denial of claim. Set public hearing for October 3, 1983. Approved staff recommendation. RESOLUTION NO. 6626 - AUTHORIZING COUNTY OF MARIN TO ACT AS AGENT OF CITY OF SAN RAFAEL FOR SERVICE OF PROCESS AND TO DEFEND THE CITY OF SAN RAFAEL IN THE LAWSUIT ENTITLED SOUTHERN PACIFIC TRANSPORTATION COMPANY ET AL v. STATE BOARD, COUNTY OF MARIN, AND CITIES IN COUNTY OF MARIN, ET AL, SAN FRANCISCO SUPERIOR COURT NO. 810433. Also authorized payment for legal defense costs. RESOLUTION NO. 6627 - AUTHORIZING PURCHASE OF THREE POLICE MOTORCYCLES UTILIZING BUDGETED FUNDS (Rejecting bid from Santa Rosa Kawasaki for $17,013, as being excessive. Staff authorized to negotiate purchase on open market for less than $17,013.) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Note: With reference to Item lc, Council voted in their capacity as Parking Authority. 13. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS AT 1010 "B" STREET (PW) - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi briefed the Council, indicating that the minor renovations to the building, planned by Robert G. Berry, will cost an estimated $7,000, while the provision of an enlarged toilet room and an access ramp would amount to approximately $25,000. The Marin Center for Independent Living has indicated that access improvements are not warranted at this time. Staff therefore is recommending that the Council, sitting as the Board of Appeals, I uphold the appeal. There being no public input, the hearing was closed. Councilmember Jensen moved and Councilmember Frugoli seconded, to uphold the appeal and direct staff to prepare an appropriate resolution with findings for adoption at the September 19, 1983 meeting. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. PUBLIC HEARING - SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT I (PW) - File 6-38 Mayor Mulryan declared the public hearing opened. There being no public input the hearing was closed. Council directed filing of the Certificate of Title. RESOLUTION NO. 6628 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF THE IMPROVEMENTS - Shoreline Industrial Park Improvement Assessment District I AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6629 - RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT I AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. PUBLIC HEARING - SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT II (PW) - File 6-39 Mayor Mulryan declared the public hearing opened. There being no public input the hearing was closed. Council directed filing of the Certificate of Title. RESOLUTION NO. 6630 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF THE IMPROVEMENTS - Shoreline Industrial Park Improvement Assessment District II AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6631 - RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT II AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. PUBLIC HEARING - SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT III (PW) - File 6-40 Mayor Mulryan declared the public hearing opened. There being no public input the hearing was closed. Council directed filing of the Certificate of Title. RESOLUTION NO. 6632 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF THE IMPROVEMENTS - Shoreline Industrial Park Improvement Assessment District III AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6633 - RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT III AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 349 17. PUBLIC HEARING - Z83-12 - ZONING ORDINANCE TEXT AMENDMENT TO "COIN OPERATED AMUSEMENT DEVICE CENTERS", SECTION 14.64.010(e) FOR EXTENSION OF HOURS OF OPERATION(PI) - File 10-3 x 206 Mayor Mulryan declared the public hearing opened. Planning Director Moore reviewed the staff report, indicating that the text amendment is to permit a maximum nightly closing time of 11 PM instead of 10 PM for coin operated amusement device centers as stipulated in the current Ordinance. Additional wording in the Ordinance ensures that established hours of operation are reviewed on a case-by-case basis, with the City retaining the discretion to set hours. Staff's recommendation is for the Council to adopt a Resolution certifying a Negative Declaration, and to pass the proposed Ordinance to print adopting the Zoning Ordinance text amendment. This change was endorsed by the Police Department staff, since it is consistent with established curfew hours. The Planning Commission also granted an amendment to the use permit for the San Rafael Family Entertainment Center at 1545 Fourth Street, extending the closing time to 11 PM nightly, conditioned upon Council adoption of the text amendment. Ms. Moore added that the City may deny an 11 PM closing time if found to be inappropriate or impacting to surrounding uses. Roger Pavlow, who resides at 1545 Fourth Street, Apt. 1, above the Family Entertainment Center, presented a letter protesting the 11 PM closing because of noise of the people and the machines downstairs, and pointing out the fact that the present 10 PM limit is already one hour beyond the noise ordinance time limit. Judith Stats, another tenant of the building, stated that the insulation is inadequate and the noise from the air conditioner which is turned on at 9 AM and runs until the establishment downstairs is closed are additional considerations. Marlene Suttles, one of the owners of the Family Entertainment Center, stated that they have turned the volume on the games down, and try to keep the doors closed to contain the noise. She informed the Council that she would be glad to work with the tenants to see what other measures can be taken. Mrs. Dorothy Andersen, owner of property at 22 Latham Street, which abuts the building in question, complained of bikes in the driveway and trash in the yard. She also mentioned that her fence has been broken twice. She would like to see the Family Entertainment Center relocated to an area with better parking. Mayor Mulryan inquired of Ms. Moore, if Council were to pass the Ordinance to print, in the form suggested by staff, if there were residences being inconvenienced, how would the businesses be restricted to an earlier closing time? Ms. Moore stated that generally the surrounding uses are looked at, regardless of whether property owners or tenants give input. She further stated that the reason she is concerned in this case is that there was the Use Permit conditionally granted for the extension of the hours at the San Rafael Family Entertainment Center. That was done without the benefit of the information from the tenants. On questioning by Councilmember Jensen about notification, Ms. Moore informed the Council that normally the property owner is notified and it is up to him to notify any tenants who might be affected. There being no further public input, the hearing was closed. After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to refer the issue back to the Planning Commission for full discussion. Also included in the discussion will be the property owner and tenants at 1545 Fourth Street, and Mrs. Dorothy Andersen. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. PUBLIC HEARING - Z83-13 - ZONING ORDINANCE TEXT AMENDMENTS TO REVISE SECTIONS 14.13.130(c) .1,3.14UIn) rr-Kim11V11Vu IU rIIIM14UIML 111JI11UIlUl`I UR1VL- - r1 ie lu- Mayor Mulryan declared the public hearing opened. There being no public input the hearing was closed. RESOLUTION NO. 6634 - CERTIFYING A NEGATIVE DECLARATION PERTAINING TO FAST FOOD PARKING STANDARDS AND FINANCIAL INSTITUTION DRIVE-THROUGH LANES AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 350 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING OF THE SAN RAFAEL MUNICIPAL CODE, CHAPTER 14.13 "OFF-STREET PARKING AND LOADING", SECTIONS 14.13.130(c) AND 14.13.140(h) PERTAINING TO FINANCIAL INSTITUTION DRIVE-THROUGH LANES AND FAST FOOD PARKING STANDARDS" Councilmember Breiner moved and Councilmember Miskimen seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1466. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19. RATE REVIEW OF MARIN RECYCLING AND RESOURCE RECOVERY ASSOCIATION (Fin) - File 4-3-32 Councilmember Jensen moved and Councilmember Frugoli seconded, to adopt a proposed Resolution authorizing a Twelfth Amendment to the Agreement with Marin Sanitary Service, acting as agent for the Marin Recycling & Resource Recovery Association, lowering the 54¢ per month surcharge for recycling to 45�. Under questioning, Councilmember Breiner recommended that an independent audit be made from time to time. Attorney Albert Bianchi, representing Marin Sanitary Service, stated that he would have no objection. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None After further discussion Councilmember Breiner moved and Mayor Mulryan seconded, to have a periodic independent audit of the Marin Sanitary Service books every three years. AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli & Jensen ABSENT: COUNCILMEMBERS: None 20. STATUS REPORT RE SAN RAFAEL CANAL POLLUTION (CM) - File 13-12 Assistant City Manager Nicolai recommended authorization to retain two of the summer weed crew employees for the month of September at a maximum cost of $1,600, to assist in the compiling of maps of the entire storm drain system as the first step of the investigative process. Thus far, the source of the pollution has not been discovered. Ms. Nicolai promised to keep the Council apprised of further developments as they occur. Councilmember Miskimen moved and Councilmember Breiner seconded, to approve retention of the two weed crew members at a maximum cost of $1,600 as requested. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. STATUS REPORT ON COUNTY HIGHWAY 101 CORRIDOR PLAN (P1) - File 11-16 Planning Director Moore indicated to the Council that the Marin County Board of Supervisors has applied for and received $137,000 in the form of a grant from the San Francisco Foundation to initiate a joint planning program for the Highway 101 Transportation Corridor. Planning staff will be attending a meeting on September 14th for all city, county and agency representatives involved in the corridor study, and staff is requesting that the Council designate a member to act as the City's official representative at meetings such as this. Councilmember Frugoli volunteered, and was approved by the Council without motion. However, Mr. Frugoli informed the Council that he will not be able to attend the September 14th meeting but will attend all others. 22. REPORT RE: TRANSPORTATION CENTER (CM) - File 140 x SRRA R-81 a. Golden Gate Bridge, Highway & Transportation District's Response Concerning Extension of West Francisco Boulevard to Second Street b. Use of Shell Service Station Site for Commuter Parkin 351 City Manager Beyer informed the Council that he had received a letter from Dale Luehring, General Manager of the Golden Gate Bridge, Highway and Transportation District (GGBHTD), indicating that because of the restrictions on the Golden Gate Bridge Board approval to use sites 9 and 10 only, which is the property currently owned or occupied by Greyhound, North- western Pacific Railroad and the carwash, that it cannot reasonably include the property beyond the boundaries of sites 9 and 10 within the scope of the presently approved project. This was in response to a letter stating the City's position regarding inclusion of West Francisco Boulevard as part of the planning process for the transportation center. Also, in response to the City's position on the Shell Station at Second and Lincoln, that Bridge District is stating it would not be willing to improve that property for parking if it is only used on an interim basis for commuter parking. Councilmember Miskimen moved and Councilmember Breiner seconded, to approve the staff recom- mendation that the City insist that the northerly extension of West Francisco Boulevard from Second to Third Street, connecting at Tamalpais Avenue, be included in the design analysis for the transportation center inasmuch as it affects the options reviewed by the District and the City in terms of bus movements on and off the site. Also, the Bridge District should be informed that the City feels that use of the Shell Service Station site for commuter parking is not in the long term best interests of the City and that this proposal is rejected. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmember Jensen left meeting) 23. REPORT ON ACQUISITION OF SURPLUS PROPERTY RE MARIN SQUARE DEVELOPMENT (PW) - File 2-10 x 8-22 Public Works Director Bernardi informed the Council that since they granted an encroachment permit to the owner of Marin Square Development for 875 square feet of land to be occupied by a building in the vicinity of Bellam Boulevard and Andersen Drive, Council has also authorized the issuance of Industrial Development Bonds to finance construction of the project. The various financing institutions involved the issuance of the development bonds expressed extreme reluctance to proceed with the bond sale because the encroachment permit became a cloud in the financing picture. Staff has met with developer representatives and bank officials to determine their concerns and, as a result of the meetings, the bank has stated that the developers must take steps to acquire this piece of property in fee from the City as a condition of bond sale. Staff is therefore recommending that Council authorize staff to seek an appraisal for the property and, at an appropriate time, bring this matter before the Council for consideration. Councilmember Frugoli moved and Councilmember Breiner seconded, to approve staff recommendation and authorize an appraisal of the property. AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 24. SECOND AMENDMENT TO 1982/83 BUDGET (Fin) - File 8-5 Finance Director Coleman informed the Council that the current General Fund appropriation is $13,850,177. This figure should now be amended by $481,499 to cover unappropriated expenditures for: Storm Expenditures (1982 and 1983) for $205,035 - Funding Source, FEMA Grant (75%); Workers Compensation for $246,613 - Funding Source, Workers Compensation Fund; and Liability for $29,851 - Funding Source, Liability Fund. Also, Mr. Coleman informed the Council, the Recreation Revolving Fund ended the fiscal year with a $150,737 deficit which is $8,832 less than projected in the 1983/84 preliminary budget. The expenditures and revenues were both less than was budgeted, but since the revenues were much lower than the original estimates the Fund ended the year with a deficit. RESOLUTION NO. 6636 - AMENDING THE 1982/83 BUDGET (SECOND AMENDMENT) (To provide an additional $481,499 for the General Fund and an additional General Fund transfer of $150,737 for the Recreation Fund) AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 25. REPORT ON EMERGENCY SLIDE REPAIRS (PW) - File 205, 205-A x 8-9 Public Works Director Bernardi informed the Council that a number of slides have occured on public property during the last two winters, most of which were repaired as they occurred and were eligible for disaster funding. However, some did not become apparent until after the emergency was declared to be over, and, as a result, staff budgeted revenue sharing monies this fiscal year to repair slides in the following three locations: Robert Dollar Drive, $30,000; "D" Street Slide Repair, $75,000; and Oakwood Drive, $75,000. 352 In addition, and subsequent to the budget process, staff became aware of and investigated slides in the following areas: Bret Harte Road, $10,000; 866 Butternut Drive, $20,000; 57 Maple Hill Drive, $15,000; 201 "D" Street, $5,000; and 22 Cala Vista Drive, $50,000. These are unfunded projects and need to be corrected in order to prevent additional liability exposure. The 22 Cala Vista Drive slide occurred on private property and has been declared a public nuisance by the City Council; the cost of this slide repair will be placed as a lien on the property. In an attempt to locate a source of funding for these slides, staff has reevaluated the as- sumptions made in the preliminary design work for the three budgeted slide repair projects, and have determined that the "D" Street slide can be repaired by construction of a substantial retaining wall for approximately $25,000, resulting in a $50,000 savings. Also, the Oakwood Drive Slide has already been budgeted in two previous fiscal years but was deferred because of other priorities. The slide has not moved in two years, and staff has been advised by soils engineers that it could be deferred if covered with plastics. Councilmember Breiner stated that she has had complaints regarding the Oakwood Slide because last winter the plastic kept blowing off and causing a problem for the neighbors. She recom- mended that it be repaired early next year. Mr. Bernardi responded that it could be accomp- lished next Summer, if budgeted for the next fiscal year. Councilmember Breiner moved and Councilmember Miskimen seconded, to adopt the staff recom- mendations to proceed with the preparation of plans and specifications for the unfunded projects, and approve the transfer of budgeted funds from the "D" Street Slide Repair Project and Oakwood Drive Project to accommodate this additional repair work. Also, attention is to be paid to keeping the plastic on the Oakwood Drive site in place during the coming winter, and that the slide be repaired in summer of 1984. AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 26. CONSIDERATION OF NEIGHBORHOOD APPRAISAL PROGRAM (CM) - File 4-13-65 (Councilmember Jensen returned during discussion) City Manager Beyer briefed the Council regarding County Assessor Bruce Shafer's proposal to the cities in the County asking for participation in a Neighborhood Appraisal Review Program. A trial program has been underway for the past five months in the Assessor's Office, to make field surveys concerning those improvements which have not previously been picked up by the Assessor's Office. Under the terms of this proposal there would be no cost to the City, but the City would benefit if assessments under this program were undertaken. The Assessor's Office would be paid for the benefits received from the first two years of assessments, and thereafter the City would benefit from the increased assessments. This would have long-term benefits for the City in the increased assessed values. Councilmember Breiner moved and Councilmember Frugoli seconded, to enter into a Joint Powers Agreement with the County for the Neighborhood Appraisal Review Program, with the understanding that the program would be properly conducted in the neighborhoods within San Rafael. RESOLUTION NO. 6637 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Joint Powers Agreement with County of Marin to Enter into Assessor's Neighborhood Appraisal Review Program) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 27. REQUEST FOR AUTHORIZATION TO EXECUTE A JOINT POWERS AGREEMENT WITH COUNTY OF MARIN RE POINT SAN PEDRO ROAD RECONSTRUCTION PROJECT PW - File 4-13-66 x 4-1-349 RESOLUTION NO. 6638 - AUTHORIZING THE SIGNING OF A JOINT EXERCISE OF POWERS AGREEMENT WITH THE COUNTY OF MARIN FOR REPAIR TO PORTIONS OF SAN PEDRO ROAD AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 28. DESIGNATION OF VOTING DELEGATE FOR LEAGUE ANNUAL CONFERENCE (CM) - File 9-1 x 9-11-1 City Manager Beyer informed the Council that the City has been asked to designate its formal voting delegate and alternate to the League of California Cities Conference to be held in San Francisco October 2 - 5, 1983. Councilmember Miskimen moved and Councilmember Breiner seconded, to designate Mayor Mulryan as the City's delegate to the conference. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Council then designated Councilmember Breiner as alternate. ADD ITEM COMMUNICATION FROM CITY OF CULVER CITY - File 9-1 353 Council discussed a letter just received from City of Culver City, with the subject, "Cigarette Tax, Charter City Revenue vs. State Subvention". Assistant City Manager Nicolai was asked to look into the matter and give the Council a report at the September 19, 1983 meeting. COURTHOUSE CONSTRUCTION FUND - $1.50 SURCHARGE ON PARKING TICKETS - File 9-1 x 9-10-2 Council inquired about this item, and Assistant City Manager Nicolai informed them that the bill in this regard has been rewritten and no longer applies to parking tickets. I CLOSED SESSION 29. The Council adjourned to Closed Session to discuss pending litigation and labor negotiations. No action was taken. &ZARNE M. LEONCI I, City Clerk APPROVED THIS % f&Z DAY OF44�-, 1983 MAYOR OF THE CITY OF SAN RA EL *** *** *** *** *** *** *** In Conference Room 201 of the San Rafael City Hall, Monday, September 19, 1983, at 7:00 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager CLOSED SESSION The Council met in closed session to discuss pending and potential litigation. No action was taken. ROB . BER, it Manager APPROVED THIS 3 rd DAY OF C)ct;7t ,,, 1983 1: z � ee- L MAYOR OF THE CITY OF SAN F EL *** *** *** *** *** *** *** ***